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Comments By Lincoln Gordon

Published online by Cambridge University Press:  28 March 2017

Abstract

Our four speakers have discussed the concept of human rights with various degrees of refinement. They range from the broad goals of political democracy and equality Üirough Professor Trubek’s classification of economic, social, and cultural rights alongside of the classical political and civil rights, to Jorge Domínguez’ 32-cell sociological matrix, which goes so far as to estimate the quantity of “rectitude” in Cuba before and after the revolution. I admire Professor Domínguez’ metìiodologi-cal erFort, but would prefer not trying to push it that far. I also felt that Professor Trubek took too seriously the use of the word “rights” in constitutional and other formal documents when what is really meant is goals or aspirations. Many of the so-called economic and social rights are inherently unenforceable through any kind of systematic legal procedure. Like Franklin Roosevelt’s “four freedoms,’” equating them with juridically enforceable rights should be recognized as a kind of poetic or political license rather than a feature of the legal scenery. I am all in favor of stating social goals and aspirations, but it would be well to avoid confusion in the terminology.

Type
Economic Development and Human Rights: Brazil, Chile, and Cuba
Copyright
Copyright © American Society of International Law 1973

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