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1 L. & Ethics Hum. Rts. 3 (2007)

handle is hein.journals/lehr1 and id is 1 raw text is: 


Since the end of the Second World War, the world has witnessed a dramatic
rise in the scope of human rights law. The democratization process which
has been rapidly unfolding in many parts of the globe has induced new
democracies  to entrench a bill of rights in their constitutions and to
abide by human rights treaties. Well beyond the increase in its territorial
application, the substantive scope of human rights law has been greatly
extended.  While first generation rights, civil and political rights, were
initially perceived as a safeguard against the abuse of governmental power,
current human  rights law also recognizes social and economic rights.
Social and economic rights obligate the state not merely to refrain from
acting but also to take positive action. In addition, third-generation rights,
which are rights that are granted to groups rather than to individuals, have
also been recognized. More and more human  rights scholars and lawyers
now  believe that the duty to respect human rights norms is no longer
restricted to governments and applies to private entities as well. Indeed,
human  rights law is now a near-omnipresent phenomenon.
   Surprisingly though,  the process  that produced  this impressive
increase in the scope of human rights law has not been accompanied by a
systematic and comprehensive theoretical treatment. Whereas stimulating
theoretical discussions developed within the framework of each generation
of rights, the theoretical attempt to address human rights in a coherent
manner  appears inadequate.  The theoretical glue binding the various
generations of human  rights appears too feeble to hold together legal
provisions derived from divergent, and in some cases even contrasting,
value systems.  In addition, academic discourse of human rights is not
always sensitive to the difficulties in applying these broad human rights
norms across national contexts.
   The Journal of Law & Ethics of Human  Rights aspires to fill this gap.
We  intend to do so by analyzing and clarifying the concepts of moral and

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