The inflation of human rights: A deconstruction

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Abstract

There is widespread anxiety about human rights 'inflation': positing too many human rights, it is said, will lead to their devaluation. This article seeks to disentangle the inflation objection from other concerns about rights expansionism and to critically assess it. It considers the scope and implications of the inflation objection by reference to several issues - e.g., which modes of human rights proliferation it covers and which restrictions follow from it - and argues that it is characterized by a formal emptiness since it lacks any specific criteria to indicate which human rights lead to inflation and which do not. The formal emptiness of the inflation objection does not, however, mean that it is politically neutral, for despite its inability to generate closure it does generate a sense of closure by drawing strict boundaries around the corpus of 'proper' human rights. This sense of closure, the article argues, entrenches currently dominant (neo)liberal understandings of human rights while generating suspicion of claims to far-reaching social transformation. In light of this, an alternative to the anti-inflation mindset is suggested: a mindset of wonder, which understands human rights claims outside of dominant understandings not as a threat, but as an opportunity to question the status quo.

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APA

Theilen, J. T. (2021). The inflation of human rights: A deconstruction. Leiden Journal of International Law, 34(4), 831–854. https://doi.org/10.1017/S0922156521000297

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