Human Rights Around the Globe: T. Machan

Yet no sooner does someone attempt to defeat philosophy than philosophy tends to win. Philosophy is, after all, trying to make sense of the world, of seeking, with spirit and determination, to attain wisdom, to live the examined life. And even those who set out to deny its value get trapped by philos ophy-their denial is itself an attempt to reach wisdom, namely, that seeking wisdom isn't wise, so it's wiser to give it up! This was evident at the June 1993 inter national human rights conference held in Vienna, Austria, where the assembled heads of governmental and nongovernmen tal organizations debated human rights. One of the most troubling topics of the confer ence was what human rights are. When we speak of human rights, are these conditions that everyone everywhere ought to enjoy? Should these same basic conditions be pro tected by governments everywhere in the world? Or are human rights one thing for Dr. Machan, a contributing editor of The Free man, teaches philosophy at Auburn University, Alabama.

people in one part of the globe and another for those in another part? Many leaders of Third World countries where various types of dictatorships still flourish-argue, predictably, that human rights should not be understood the same way in Western democracies and their own societies. Why? Because their societies, they say, require greater regimentation, more state interference, and pervasive gov ernment planning in order to survive. This really means, of course, that because those in power in such societies have goals and purposes that require subjugating others, they don't believe that the concept of human rights-to liberty, autonomy, full political participation, civil rights, religious worship, freedom of the press-should apply. There are, of course, cultural differences that should be honored. But they do not concern rights, which are basic principles of human community life. Cultural differences are valid only where they include peaceful practices, customs, mores, etiquette, styles, and tastes. Different cultures often exhibit certain prominent temperaments that pre vail in a society. The Scandinavians are often more quiet and collected than Latins.

The Finns are more melancholy than the French. Verbosity, reticence, even shyness can be matters of temperament, the kind of benign difference that is important for an individual's life. And there is much diversity in the arts of different cultures, based on 80 different histories, climates, and other fac tors. But human rights are based on universal human attributes. Indeed, universal human rights concern the basic freedoms that peo ple ought to have protected so as to make 81 peaceful choices for themselves in all walks of life. And it is only if such rights are given full protection that the valuable differences based on the highly diverse circumstances in people's lives can be fully exploited and realized. D JURY NULLIFICATION: CORNERSTONE OF FREEDOM by Roger ~oopman "The Jury has the right to judge both the law and the fact in controversy. " That statement was penned not by some modern day political theorist, but by John Jay, first Chief Justice of the United States Supreme Court. It did not reflect some quaint or offbeat ideology, but rather, the consensus of opinion at the founding of our nation. Our Founding Fathers understood that the con stitutional republic they had crafted was a fragile thing. Without the proper safeguards, it could in time fall prey to tyranny mas querading as law. They recognized that one of the most essential of safeguards was the power vested in the common citizen through the jury box.