EU Human Rights: From a Culture of Justification to a Culture of Sympathy?

This paper argues that the EU’s culture of justification in law should be expanded beyond traditional human rights rhetoric to incorporate a deeper sense of solidarity and sympathy for other species. By critically examining how the EU and Member States currently justify their actions in the area of human rights, and supported by practical examples across various EU policy areas, it becomes clear that adopting a broader vocabulary rooted in solidarity and sympathy —drawing on Richard Rorty’s scholarship—can strengthen the legitimacy of the EU project and its values. Furthermore, integrating a culture of sympathy for all living beings fosters a more comprehensive approach to justice, highlighting the importance of understanding and re-thinking reciprocity in human rights law and urging a shift towards a more inclusive legal framework.

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Publication Details

Journal
Jus Cogens
Published
2026-04-27
DOI
https://doi.org/10.1007/s42439-026-00117-1
Primary Topic
European Union Policy and Governance
Type
article
Field-Weighted Citation Impact
0.00

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article

EU Human Rights: From a Culture of Justification to a Culture of Sympathy?

Ester Herlin‐Karnell
Jus Cogens
European Union Policy and Governance
article

EU Human Rights: From a Culture of Justification to a Culture of Sympathy?

Ester Herlin‐Karnell
article en

Abstract

This paper argues that the EU’s culture of justification in law should be expanded beyond traditional human rights rhetoric to incorporate a deeper sense of solidarity and sympathy for other species. By critically examining how the EU and Member States currently justify their actions in the area of human rights, and supported by practical examples across various EU policy areas, it becomes clear that adopting a broader vocabulary rooted in solidarity and sympathy —drawing on Richard Rorty’s scholarship—can strengthen the legitimacy of the EU project and its values. Furthermore, integrating a culture of sympathy for all living beings fosters a more comprehensive approach to justice, highlighting the importance of understanding and re-thinking reciprocity in human rights law and urging a shift towards a more inclusive legal framework.

Jus Cogens
University of Gothenburg (SE)
Göteborgs Universitet
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
European Union Policy and Governance
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