The Level Playing Field: Human Rights and Modern Legal Culture

Details

Author(s):
Publish Date:
August 1, 2014
Publication Title:
44 Hong Kong Law Journal 403 .
Format:
Journal Article
Citation(s):
  • Lawrence M. Friedman, The Level Playing Field: Human Rights and Modern Legal Culture, 44 Hong Kong Law Journal 403 (2014).

Related Organization(s):

Abstract

Modern legal culture – basically, the culture of developed countries – includes three salient traits. First, it places strong emphasis on human rights. A consciousness of human rights is a massive social fact in these societies. This consciousness implies the need for some mechanism to enforce human rights – hence the explosion of bills of right, constitutions and judicial review. A second core trait of the human rights culture is the emphasis on, and the primacy of, free individual choice, although this is in fact far more constrained than most people realize. The third trait is convergence, that is, the societies and legal systems of developed countries, which face similar problems and have similar cultures, are gradually becoming more alike. Whether this will continue in the future is of course unknowable.