A Radically Realistic View of Human Rights Justifications

It is widely acknowledged that human rights law and politics are interwoven. This paper focuses on a specific aspect of this connection: states using human rights discourse to justify their actions while simultaneously shaping the very frameworks meant to hold them accountable. We argue that this creates a circular self-legitimation where states determine their own grounds of justification. Unlike critics who call into question the human rights project entirely, we acknowledge this flaw without abandoning the framework. We introduce radical realist social analysis as a novel jurisprudential instrument for studying and critiquing how states deploy human rights law. This instrument demonstrates how most state applications of human rights justifications are epistemically flawed, thereby failing in their justifying function. Meanwhile, our proposal avoids outright rejection of the human rights framework while strengthening material human rights against political exploitation.

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Publication Details

Journal
Jus Cogens
Published
2026-04-16
DOI
https://doi.org/10.1007/s42439-026-00116-2
Primary Topic
Political Philosophy and Ethics
Type
article
Field-Weighted Citation Impact
0.00

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article

A Radically Realistic View of Human Rights Justifications

Adrian Kreutz, Enzo Rossi
Jus Cogens
Political Philosophy and Ethics
article

A Radically Realistic View of Human Rights Justifications

Adrian Kreutz, Enzo Rossi
article en

Abstract

It is widely acknowledged that human rights law and politics are interwoven. This paper focuses on a specific aspect of this connection: states using human rights discourse to justify their actions while simultaneously shaping the very frameworks meant to hold them accountable. We argue that this creates a circular self-legitimation where states determine their own grounds of justification. Unlike critics who call into question the human rights project entirely, we acknowledge this flaw without abandoning the framework. We introduce radical realist social analysis as a novel jurisprudential instrument for studying and critiquing how states deploy human rights law. This instrument demonstrates how most state applications of human rights justifications are epistemically flawed, thereby failing in their justifying function. Meanwhile, our proposal avoids outright rejection of the human rights framework while strengthening material human rights against political exploitation.

Jus Cogens
Amsterdam University of the Arts (NL), University of Amsterdam (NL)
HORIZON EUROPE European Research Council
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Political Philosophy and Ethics
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