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1 S. Ill. U. L.J. 151 (1976)
Freedom from Discrimination in Choice of Language and International Human Rights

handle is hein.journals/siulj1 and id is 165 raw text is: Freedom from Discrimination in Choice
Of Language and International
Human Rights*
Myres S. McDougal**
Harold D. Lasswell***
Lung-chu Chen****
I. FACTUAL BACKGROUND
The conception of human dignity is fundamentally linked to the
life of the mind which in turn is closely linked to language as a basic
means of communication. Language is a rudiment of consciousness
and close to the core of personality; deprivations in relation to language
deeply affect identity. At this point we are concerned with the depriva-
tions imposed upon an individual because he is a member of a group
with a special language. Language is broadly understood to include all
the means (signs and symbols), phonetic and phonemic, by which
people communicate with each other.' So conceived, language is a
* Copyright retained by Myres S. McDougal, Harold D. Lasswell, and Lung-chu
Chen. This article is excerpted from a book, HUMAN RIorrs AND WORLD PUBLIC
ORDER, the authors have in progress. The authors gratefully acknowledge the criticism
and comments of Professors W. Michael Reisman, John Claydon, and Irving I. Zaretsky.
The Ralph E. Ogden Foundation has been generous in its support of the studies from
which this article is drawn.
This article is one of a series designed to document the emergence of a general norm
of nondiscrimination in the allocation of access to important value processes for reasons
irrelevant to individual capabilities and potentialities. The first of these articles is
McDougal, Lasswell, & Chen, The Protection of Respect and Human Rights: Freedom of
Choice and World Public Order, 24 AM. U. L. REV. 919 (1975). For further
illustration with regard to different grounds of discrimination, see McDougal, Lasswell, &
Chen, Human Rights for Women and World Public Order: The Outlawing of Sex-Based
Discrimination, 69 AM. J. INT'L L. 497 (1975); McDougal, Lasswell, & Chen, Non-
Conforming Political Opinion and Human Rights: Transnational Protection against
Discrimination, 2 YALE STUDIES IN WORLD PUBLIC ORDER 1 (1975).
** Sterling Professor of Law, Emeritus, Yale Law School.
*** Ford Foundation Professor of Law and Social Sciences, Emeritus, Yale Law
School.
**** Senior Research Associate, Yale Law School.
1. Sapir, Language, 9 ENCYC. Soc. ScL 155 (E. Seligman ed. 1933). On the
concept and functions of language, see generally ADvANcEs IN THE SOCIOLOGY OF
LANGUAGE (J. Fishman ed. in two volumes 1971, 1972); L. BLOOMFIELD, A LEONARD
BLOOMFIELD ANTHOLOGY (1970); L. BLOOMFIELD. LANGUAGE (1933); N. CHOMSKY,

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