Philosophy of Law (PHIL-LAW)

(février 2022)

« Human Rights and Their Critiques »

While human rights have recently been presented by a contemporary author as our "last utopia" (S. Moyn), they are nonetheless the object of tenacious, lively - even virulent - and sometimes contradictory critiques, and this since their advent through their declarations during the revolutions of the 18th century. They are criticized, all at once, for not being "real" rights, for not being sufficiently determined or, on the contrary, for being too determined, for being bearers of an individualism that destroys any truly political perspective or, on the contrary, for being only the seductive mask supporting political aims of domination, for being perfectly impotent as well as instruments that can be used just as effectively for emancipation as for enslavement, etc. However, in spite of these various objections, the reference to human rights has today imposed itself in political speeches, claims and justifications, and their recognition as well as their inscription in positive law are also more and more massive. By examining the issues raised by the questions of what is the foundation of human rights (1), what/who is the man of human rights (2), what is their content (3) and finally what are their possible uses (4), as well as by testing the answers that can be given to them, this course aims at better defining the theoretical, political and legal strengths and weaknesses of human rights.