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Human Rights between Jurisprudence and Social Science

Item

Title

Human Rights between Jurisprudence and Social Science

Date

2015

Bibliographic Citation

28 Leiden J. Intl. L. 255 (2015)

Abstract

This article argues that human rights law – which mediates between claims about universal human nature, on the one hand, and hard-fought political battles, on the other – is in particular need of a richer exchange between jurisprudential approaches and social science theory and methods. Using the example of the Inter-American Human Rights System, the article calls for more human rights scholarship with a new realist sensibility. It demonstrates in what ways legal and social science scholarship on human rights law both stand to improve through sustained, thoughtful exchange.

Keywords

human rights
Inter-American Court
Inter-American Human Rights System
international law
New Legal Realism