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The MCC Center for Constitutional Politics recently hosted a research seminar featuring Professor Nigel Biggar from Oxford University, who presented his book entitled What's wrong with rights?
The MCC Center for Constitutional Politics recently hosted a research seminar featuring Professor Nigel Biggar from Oxford University, who presented his book entitled What's wrong with rights?. The seminar sparked a lively discussion among colleagues and students, delving into Biggar's critique of rights-fundamentalism and its implications for the role of courts, particularly international tribunals.
Biggar's main arguments stemmed from his exploration of the philosophical tradition of human rights discourse, where he analyzed the works of skeptical authors such as Burke and Bentham. He contended that while the goods societies aimed to protect through rights were largely universal, the methods and extent of protection varied depending on historical and cultural contexts. He criticized the notion of rights-fundamentalism, which he viewed as a secular religion that conflated morality with subjective rights and disregarded social, political, and economic realities.
Regarding decision-making on rights issues, Biggar advocated for politically accountable legislative branches rather than courts. He argued that decisions about rights should involve input from the people of a society and be subject to change through democratic processes. However, he acknowledged challenges in implementing this approach, particularly in regions where legislative override of judicial decisions was limited.
Furthermore, Biggar highlighted the risks associated with rights-based discourse in international courts. He warned against setting unrealistic standards and extracting fundamental rights from general provisions, which could lead to a backlash and undermine trust in the institution of international courts.
In conclusion, Professor Biggar's seminar provided valuable insights into the complexities of rights discourse and the role of courts in safeguarding them. His critique of rights-fundamentalism challenged conventional approaches to human rights and raised important questions about the balance between moral imperatives and practical considerations in legal decision-making.
Related event: Nigel Biggar: What's wrong with rights?
