The Conservative Human Rights Revolution
European Identity, Transnational Politics, and the Origins of the European Convention
Published on 15. April 2021
Book
Paperback/Softback
528 pages
978-0-19-753234-8 (ISBN)
Description
The European Court of Human Rights has long held unparalleled sway over questions of human rights violations across continental Europe, Britain, and beyond. Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means of containing communism and fascism after World War II.
In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. 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 British and French conservatives believed violated their basic liberties.
Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples.
Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today.
In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic political agenda on either side of the Channel. 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 British and French conservatives believed violated their basic liberties.
Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygone European civilization. All told, these efforts served as a basis for reconciliation between Germans and the "West," the exclusion of communists from the European project, and the denial of equal protection to colonized peoples.
Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a new perspective on the crisis in which the European Union finds itself today.
Reviews / Votes
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 * 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 Duellfer , 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, The 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, Humans 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 timelybook, 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...[T]he 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 *
More details
Language
English
Place of publication
New York
United States
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 31 mm
Weight
879 gr
ISBN-13
978-0-19-753234-8 (9780197532348)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Marco Duranti is Senior Lecturer in Modern European and International History at the University of Sydney. He has been a Fulbright Scholar at the European University Institute, a Fox Fellow at the Paris Institute of Political Studies, and a Postdoctoral Fellow in the Max Planck Research Group on History and Memory at the University of Konstanz.
Content
Acknowledgments
Introduction
PART ONE: European Memory, Human Rights Law, and the Romantic Origins of International Justice (1899-1950)
Chapter 1: The Romance of International Law
Chapter 2: Internationalism Between Nostalgia and Technocracy
Chapter 3: Churchill, Human Rights, and the European Project
Chapter 4: Postwar Reconciliation, Colonialism, and Cold War Human Rights
PART TWO: Free-Market Conservatism, Christian Democracy, and the European Convention on Human Rights (1944-1959)
Chapter 5: Neoliberal Human Rights in Postwar Britain
Chapter 6: Neomedieval Human Rights in the Shadow of Vichy
Chapter 7: Catholic Human Rights in Postwar France
Chapter 8: Rethinking the ECHR's Original Intent
PART THREE: Reflections on the Conservative Human Rights Revolution in Postwar Europe (1946-1950)
Chapter 9: The Ethical Foundations of European Integration
Chapter 10: Human Rights and Conservative Politics
Chapter 11: Revolution and Restoration in the History of Human Rights
Conclusion
Epilogue: A European Union Without Qualities
Notes
Archival Collections
Index
Introduction
PART ONE: European Memory, Human Rights Law, and the Romantic Origins of International Justice (1899-1950)
Chapter 1: The Romance of International Law
Chapter 2: Internationalism Between Nostalgia and Technocracy
Chapter 3: Churchill, Human Rights, and the European Project
Chapter 4: Postwar Reconciliation, Colonialism, and Cold War Human Rights
PART TWO: Free-Market Conservatism, Christian Democracy, and the European Convention on Human Rights (1944-1959)
Chapter 5: Neoliberal Human Rights in Postwar Britain
Chapter 6: Neomedieval Human Rights in the Shadow of Vichy
Chapter 7: Catholic Human Rights in Postwar France
Chapter 8: Rethinking the ECHR's Original Intent
PART THREE: Reflections on the Conservative Human Rights Revolution in Postwar Europe (1946-1950)
Chapter 9: The Ethical Foundations of European Integration
Chapter 10: Human Rights and Conservative Politics
Chapter 11: Revolution and Restoration in the History of Human Rights
Conclusion
Epilogue: A European Union Without Qualities
Notes
Archival Collections
Index