Posner asks, finding that "the world is a freer place than it was fifty years ago," whether this outcome is "because of the human rights treaties or because of other events -- such as economic growth or the collapse of communism." He favors the latter. While his critiques on the limitations of the human rights regime of international law are serious, he is less successful in presenting a worthy alternative. If this is as good as we can do, then even given its flaws, perhaps it shouldn't be discarded. ( )

It seems like it’s not getting better

The Twilight of Human Rights Law by Eric Posner (Oxford University Press, $21.95).

Why can’t we make progress on human rights?

According to Eric Posner, a professor at the University of Chicago Law School, it’s because human rights laws are anchored in the belief that there is a single set of rules governing human behavior that can be enforced impartially. In The Twilight of Human Rights Law, he calls this “rule naiveté,” the belief that agreeing to human rights laws means compliance will follow.

It’s just not so—and, as he notes, the return to the use of torture by the U.S. and other Western democracies following 9/11 is apt illustration of the problems with a legal approach to human rights. His criticisms also include the weakness of the United Nations and its inability to enforce human rights and the similar state at the European Court of Human Rights.

While he does note a few successes, in general, human rights law has simply led democracies to make war on non-democracies instead of fighting with each other. That hasn’t fixed much.

Reviewed on Lit/Rant: www.litrant.tumblr.com ( )