This volume considers the problem of legal universals at the level
of the rule of law and human rights, which have fundamentally
different pedigrees, and attempts to come to terms with the new
unease arising from the universal application of human rights.
Given the juridicization of human rights, rule of law and human
rights expectations have become significantly intertwined: human
rights are enforced with the instruments of the rule of law and are
thus limited by the restricted reach thereof.
The first section of this volume considers the difficulties of
universalistic claims and offers a number of possible solutions for
adapting universal expectations to specific contexts. The second
section considers problems of human rights politics; sections three
and four present empirical studies about the appearance and
disappearance of the rule of law and fundamental rights in Western
and non-Western societies.Special attention is paid to the problems
of developing countries, with a specific focus on past and present
developments in Iran. These empirical studies indicate that the
acceptance of human rights and the rule of law is historically
contingent and cannot simply be considered as a matter of culture.
General
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