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02 Aug 2019, 04:50
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A major issue in international law today is
universal human rights. These rights are considered
general standards for the fair treatment of citizens by
their governments to which all persons, under
(5) whatever political system, are entitled. But what is the
nature of these rights?
One view is that rights depend exclusively upon
political structures. Under this view, people have
rights only by virtue of belonging to a particular
(10) political community and living under the laws that
govern it. The community, through the agency of its
laws, grants or denies rights to citizens. It is rights
construed in this political sense that are invoked when,
for example, a court asks whether a crime suspect’s
(15) rights have been violated. The rights to which the
court refers are legal rights, such as the right to a fair
trial, freedom from unwarranted search, or the ability
to retain counsel—rights grounded in statute or
constitution. But it is obvious that this sense of rights
(20) cannot apply to the more general human rights
prescribed by international law, because these rights
are often absent from the statutes or constitutions of
many nations. Indeed, it is this very fact—that for
many nations certain standards of treatment are not
(25) written in law and are thus easily violated—that gives
urgency to the crusade to establish such rights in
international law.
However, “international law” is something of a
misnomer regarding universal human rights. The term
(30) could currently be applied only to certain agreements
among nations not to mistreat their own citizens. But
because it is rare for a nation to be willing to enforce
the terms of such agreements against another nation
with anything more harsh than economic sanctions—
(35) with, for example, the threat of war—international
codes of universal human rights cannot currently be
said to have the force of law.
Does this, then, render the concept of an
international standard of human rights meaningless?
(40) No, for while it may be misleading to think of such
standards as analogous to the legal codes of sovereign
nations, they do express a valuable conception of
rights, for seeing rights as political constructs is surely
not the only way to view them, nor even the most
(45) fundamental. Before governments establish legal rights
in written law, they must grapple with the question of
what rights people ought to have—that is, they must
choose among rights that predate any statute or
constitution and are thus not defined by law. This
(50) points to a moral, as opposed to legal, conception of
rights that international law may help us to recognize
more readily. Even if it lacks the power of statute, an
international standard of human rights can nevertheless
stand as a moral guidepost for all governments and
(55) their citizens.
1 Which one of the following most accurately expresses
the main point of the passage?
2. It can be inferred from the passage that the author views
the level of enforcement between nations of universal
human rights as evidence that
26. Which one of the following does the author assert about
the notion that rights are political constructs?
4. The “valuable conception” mentioned in line 42 refers
to the view that rights are
5. Which one of the following can be inferred from the
passage about the relationship between rights in the
political sense and universal human rights?
universal human rights. These rights are considered
general standards for the fair treatment of citizens by
their governments to which all persons, under
(5) whatever political system, are entitled. But what is the
nature of these rights?
One view is that rights depend exclusively upon
political structures. Under this view, people have
rights only by virtue of belonging to a particular
(10) political community and living under the laws that
govern it. The community, through the agency of its
laws, grants or denies rights to citizens. It is rights
construed in this political sense that are invoked when,
for example, a court asks whether a crime suspect’s
(15) rights have been violated. The rights to which the
court refers are legal rights, such as the right to a fair
trial, freedom from unwarranted search, or the ability
to retain counsel—rights grounded in statute or
constitution. But it is obvious that this sense of rights
(20) cannot apply to the more general human rights
prescribed by international law, because these rights
are often absent from the statutes or constitutions of
many nations. Indeed, it is this very fact—that for
many nations certain standards of treatment are not
(25) written in law and are thus easily violated—that gives
urgency to the crusade to establish such rights in
international law.
However, “international law” is something of a
misnomer regarding universal human rights. The term
(30) could currently be applied only to certain agreements
among nations not to mistreat their own citizens. But
because it is rare for a nation to be willing to enforce
the terms of such agreements against another nation
with anything more harsh than economic sanctions—
(35) with, for example, the threat of war—international
codes of universal human rights cannot currently be
said to have the force of law.
Does this, then, render the concept of an
international standard of human rights meaningless?
(40) No, for while it may be misleading to think of such
standards as analogous to the legal codes of sovereign
nations, they do express a valuable conception of
rights, for seeing rights as political constructs is surely
not the only way to view them, nor even the most
(45) fundamental. Before governments establish legal rights
in written law, they must grapple with the question of
what rights people ought to have—that is, they must
choose among rights that predate any statute or
constitution and are thus not defined by law. This
(50) points to a moral, as opposed to legal, conception of
rights that international law may help us to recognize
more readily. Even if it lacks the power of statute, an
international standard of human rights can nevertheless
stand as a moral guidepost for all governments and
(55) their citizens.
1 Which one of the following most accurately expresses
the main point of the passage?
- (A) Unless nations become more willing to enforce
human rights agreements with strong sanctions
against other nations, it is unlikely that
universal codes of human rights will ever have
the force of law.
(B) While it is generally believed that human rights
emanate from statutes or constitutions, there is
a set of moral laws that predates the
establishment of any political structures.
(C) Although human rights are in some ways
analogous to legal rights, they do not have the
force of law because they are seldom written
into national statutes or constitutions.
(D) Despite the fact that codes of universal human
rights do not have the force of law, international
standards of human rights highlight a moral
conception of rights that provides direction for
governments and citizens.
(E) In order for the statutes or constitutions of
nations to establish legal rights for citizens,
these statutes or constitutions must be
grounded in a moral conception of rights that
is more fundamental than the legal conception.
2. It can be inferred from the passage that the author views
the level of enforcement between nations of universal
human rights as evidence that
- (A) the use of economic sanctions is sufficient to
give universal human rights the force of law
(B) the use of threat of war to enforce codes of
universal human rights codes involves a
conceptual confusion
(C) it is misleading to describe standards of
universal human rights as laws
(D) nations are only willing to enforce international
law when it is in their interest to do so
(E) universal human rights cannot be enforced
unless some international body is given the
statutory power to enforce them
26. Which one of the following does the author assert about
the notion that rights are political constructs?
- (A) It is only one of the possible ways of looking at
rights.
(B) It is an especially useful way of thinking about
rights.
(C) It is the view favored by most proponents of
human rights.
(D) It is the view least favored by judges and other
legal experts.
(E) It is useful only to governments attempting to
draft a constitution.
4. The “valuable conception” mentioned in line 42 refers
to the view that rights are
- (A) moral
(B) legal
(C) political
(D) enforceable
(E) international
5. Which one of the following can be inferred from the
passage about the relationship between rights in the
political sense and universal human rights?
- (A) Rights in the political sense should not include
universal human rights.
(B) Rights in the political sense may have their
basis in universal human rights.
(C) Rights in the political sense encompass
universal human rights.
(D) Rights in the political sense inherently conflict
with universal human rights.
(E) Rights in the political sense are identical with
universal human rights.
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