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The Conservative Human Rights Revolution

European Identity, Transnational Politics, and the Origins of the European Convention

By (author) Marco Duranti
Format: Hardback
Publisher: Oxford University Press Inc, New York, United States
Published: 23rd Feb 2017
Dimensions: w 156mm h 234mm d 29mm
Weight: 904g
ISBN-10: 0199811385
ISBN-13: 9780199811380
Barcode No: 9780199811380
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Synopsis
The Conservative Human Rights Revolution radically reinterprets the origins of the European human rights system, arguing that its conservative inventors envisioned the European Convention on Human Rights (ECHR) not only as an instrument to contain communism and fascism in continental Europe, but also to allow them to pursue a controversial political agenda at home and abroad. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that conservatives believed violated their basic liberties, above all in Britain and France. Human rights were also evoked in the service of reviving a romantic Christian vision of European identity, one that contrasted sharply with the modernizing projects of technocrats such as Jean Monnet. Rather than follow the model of the United Nations, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in an older understanding of European civilization. All told, these efforts served as a basis for reconciliation between Germany and the rest of Europe, while justifying the exclusion of communists and colonized peoples from the ambit of European human rights law. Marco Duranti illuminates the history of internationalism and international law - from the peace conferences and world's fairs of the early twentieth century to the grand pan-European congresses of the postwar period - and elucidates Churchill's Europeanism, as well as his critical contribution to the genesis of the ECHR. Drawing on previously unpublished material from twenty archives in six countries, The Conservative Human Rights Revolution revisits the ethical foundations of European integration after WWII and offers a new perspective on the crisis in which the European Union finds itself today.

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This study reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a means of containing communism and fascism in continental Europe, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. * H.-W. Micklitz, Journal of Consumer Policy * I must admit that I can hardly hide my enthusiasm for this book. Duranti's approach considerably furthers a good understanding of how the ECHR came to be and, by laying bare the dynamics at play, Duranti offers the most valuable insights to understand even today's criticism ... There is still interesting work to be done and Marco Duranti has proven to be the scholar to do it. * Koen Lemmens, Comparative Legal History * a must read for anyone working on the European Convention on Human Rights. * Dalia Palombo, Journal of the History of International Law * If there was any revolutionary turn in the history of human rights, argues Marco Duranti, it was both European and conservative in nature. The Conservative Human Rights Revolution, his monumental history of the birth of the European human rights system, reveals the strength of conservatism and reactionary thought in the late 1940s. . . . The "conservative human rights revolution" described in this difficult but masterful book enabled various right-wing
political forces to shortly claim ownership on the European language of rights * Daniel Cohen, American Historical Review * Duranti's book is a must-read for those interested in the history of human rights, European integration and the relationship between international regulation and domestic politics. ... Duranti's book is, indeed, relevant to the politics of our time, but it is so precisely because it serves as a model for the tempered, rigorous and nuanced conversation we ought to be having on the longer and more complex history of the relationship between the ECHR and the politics of
the Welfare State - one that begins, rather than ends, in 1950. * Doreen Lustig, European Journal of International Law * A common narrative emphasizes that the European Convention on Human Rights of 1950 was based on the Universal Declaration of Human Rights of 1948 and went much further, because at the same time it established a mandatory human rights court, while the UN initially passed only a resolution. Duranti succeeds in making quite different starting points clear. ... A very welcome work, both methodologically and in terms of content. * Jost Dullfer, Historische Zeitschrift * In this substantial work, Marco Duranti argues that the establishment and propagation of "human rights" as a moral and political hallmark in post-Second World War western Europe was driven by a disparate assortment of mainly British and French conservatives. ... He has applied archaeological diligence to the investigation of many archives and indefatigably trawled the historiographic literature. He is revelatory on the roles of some lesser-known shapers of post-war
western Europe: Marc; Maxwell-Fyfe; Duncan Sandys (Churchill's son-in-law); Louis Salleron; Pierre-Henri Teitgen; Francois de Menthon; Helene de Suzannet; Rene Cassin; and others. * Steve Wood, Australian Journal of Politics and History * Duranti's book arrives at a potential turning point in Europe. It helps explain why many Britons were so invested in European integration and a distinctly European human rights project as well as highlights long-term ambivalence about both achievements. His work raises important questions about the strength of the foundations of these dual pillars of postwar Europe, suggesting that neither is as durable as they seemed. * Sarah B. Snyder, Journal of Modern History * The Panglossian account of the 1950 European Convention on Human Rights - that it was essentially uncontentious and genetically British - is the orthodox narrative that the Australian scholar Marco Duranti sets out to deconstruct. His copiously evidenced account, drawn from British, French, German, Italian, Dutch and US archives, is that the convention was an individualistic and conservative project, devised outside the offices of governments and the chambers of
parliaments and designed to stem the postwar tide of socialism and statism. * Stephen Sedley, London Review of Books * Marco Duranti offers a refreshingly different and compelling narrative...It is a rich account, substantiated by an impressive amount of archival research. * Stefan Salomon, Human Rights Law Review * The book is extremely well researched, and the writing is clear ... Essential. * D. P. Forsythe, CHOICE * Marco Duranti's immense contribution is to get us to see that human rights cannot hover forever above history. His story of the origins of our human rights culture is as convincing as it is surprising. In questioning our assumptions about the European Convention on Human Rights, he pulls off that rare feat of getting us to think about what we know in a wholly fresh way. * Conor Gearty, author of On Fantasy Island: Britain, Strasbourg, and Human Rights * Human rights history at its best. Duranti's well-written analysis of twentieth-century European internationalism is of lasting value. The insights into Euroskepticism that he provides could not be more timely. Necessary reading. * Lora Wildenthal, Rice University * Marco Duranti's enthralling and meditative study of the origins of the European Convention on Human Rights is not merely a lesson in historical imagination, restoring Winston Churchill's role as the project's prime mover and detailing the importance of a fateful alliance of religious conservatives and free-market defenders in its origins. For The Conservative Human Rights Revolution appears at a moment when it is even more instructive and ironic, with the
Tories Duranti shows were instrumental in the beginning in full revolt against their own creation. Students of the past and observers of the present will welcome Duranti's own creation with gratitude. * Samuel Moyn, author of The Last Utopia: Human Rights in History * Required reading for anyone interested in the ideological foundations of the European Union. * Stefan-Ludwig Hoffmann, University of California, Berkeley * In this masterful - and timely - book, Marco Duranti plunges deep into rarely used archives to tell us the conservative origins of the European Convention on Human Rights. A magisterial and innovative piece of history that reshapes our understanding of human rights. * Patrick Weil, author of The Sovereign Citizen: Denaturalization and the Origins of the American Republic * Ground-breaking ... radically new, thought-provoking * Patrick Pasture, History * Marco Duranti has done outstanding work to present a nuanced picture of the origins of European integration ... the book is a must-read not only for historians of human rights, but also for those who are interested in the history of European conservatism and Christian Democracy as well as post-war European unification. * Vilius Kubekas, European Review of History * Duranti resolutely breaks with existing ideas about the emergence of Europe's greatest achievements: the European Convention on Human Rights (ECHR) and the European Court of Human Rights. In spite of the general opinion among historians, he shows that the European human rights project was mainly brought about by contributions from European conservatives, including French Catholics and British socialists. * Boyd van Dirk, The Dutch Review of Books * A masterpiece in the area of the history of the European Convention on Human Rights. * Laurens Lavrysen, Flemish Journal of Human Rights * Marco Duranti's powerful and provocative account ... offers an analysis that is bound to be a key reference point in the field for years to come. * Richard Toye, Imperial & Global Forum * Duranti's book is highly recommended, and, in my view, deserves the accolades and great recognition which it will surely achieve. It should influence debates on how the ECHR is seen today. * Ed Bates, Lawfare * Europe's integration and its broader postwar reconstruction, some scholars now claim, were conservative projects, geared toward bolstering traditional social, cultural, and economic hierarchies ... The most ambitious and powerful study in this new wave of scholarship is Marco Duranti's The Conservative Human Rights Revolution. Duranti's sweeping political and institutional history reconstructs a transnational movement of conservative politicians and
thinkers, who established the European Court of Human Rights (ECHR) in the aftermath of the Second World War. * Udi Greenberg, Dissent *