Western Triumphalism: The Crisis of Human Rights in the Global Era

There is a metaphysical crisis in human rights. And just as this crisis is troubling those who write about legal institutions, it is posing a conundrum for those who write in pure philosophy, in comparative political and international studies, and in all the academic areas that deal with identity, values and human belief. Across these disciplinary fields, scholars are asking the same question: as between radically different forms of human existence, how are 'we' to decide whose values ought to trumps others values? Can human rights only be defended from within a set of foundational beliefs that are particular to Western ideological and cultural commitments? This question about the universality of human rights has given rise to a vigorous debate about cultural relativism. Law, as an institution that enforces core political and social values, cannot sidestep this debate. What are global institutions to do, and how is law to aid those institutions, when there is no global consensus about the values that ought shape political and social relations? Put differently, how can decisions about the content of human rights be made without committing cultural imperialism in the same (though possibly subtler) ways that 19th century colonists committed cultural imperialism?