LLAW6068

General Course Information

1.1 Course details

Course code: LLAW6068 / JDOC6068
Course name: Human Rights: History, Theory and Politics
Programme offered under: LLM Programme / JD Programme
Semester: Second
Prerequisites / Co-requisites: No
Credit point value: 9 credit / 6 credits

1.2 Course description

The field of human rights is dynamic, with emerging social movements and competing conceptions of justice constantly reshaping what can be plausibly demanded as a human right. This course explores persistent and new debates in the field, building a historico-theoretical foundation to consider the utility and promise of human rights as a vehicle for transformation in the present day. The course is structured around three main areas: the history of human rights, theories of human rights, and the politics and shortcomings of human rights.

First, we will discuss various historical perspectives on human rights. We will consider the social, cultural, and political conditions under which they developed. We will learn to articulate different historical foundations for human rights and to situate the movement for human rights within a wider framework of international, regional, and national governance.

The second part of the course focuses on articulating different theoretical foundations for human rights. We will address several questions, such as: What is a human right? What are the various grounds of human rights? What are the advantages and drawbacks of these grounds, and why does conceptualizing them matter? Considering that dignity has a particularly important place among such grounds, we will also ask: What is dignity, and what are its advantages and disadvantages? Global South perspectives will also be explored.

Theoretical discussions will be accompanied by concrete problems that various human rights theories might help conceptualize and solve. We will apply the theoretical background to emerging social and political crises. For example, we will explore the contemporary issue of gestational surrogacy (or similar questions) and the various approaches to it suggested by different human rights theories. Similarly, we will examine how contemporary questions of multiculturalism and universalism might apply to specific human rights issues. Finally, we will analyze different ways to measure the “success” of human rights.

In the third part of the course, we will adopt a more critical perspective on human rights to assess the promise and, importantly, limitations of different strategies for human rights. We will consider whether human rights should be accompanied by duties and why. Furthermore, we will discuss how human rights can backfire and become politicized.

1.3 Course teachers

Name E-mail address Office Consultation
Course convenor Stefano Osella osella@hku.hk CCT 504 By email

Learning Outcomes

2.1 Course Learning Outcomes (CLOs) for this course

CLO 1 Articulate different theoretical and historical foundations for human rights.

CLO 2 Assess the promise and limitations of different strategies for enforcing or guaranteeing human rights.

CLO 3 Situate human rights movements within a wider framework of international, regional, and national governance.

CLO 4 Apply human rights frameworks to emerging social and political crises.

CLO 5 Identify ways to determine the success or failure of human rights as a tool for achieving change.

2.2 LLM and JD Programme Learning Outcomes (PLOs)

Please refer to the following link:

LLM – https://course.law.hku.hk/llm-plo/

2.3 Programme Learning Outcomes to be achieved in this course

PLO A PLO B PLO C PLO D PLO E PLO F
CLO 1
CLO 2
CLO 3
CLO 4
CLO 5

Assessment(s)

3.1 Assessment Summary

Assessment task Due date Weighting Feedback method* Course learning outcomes
Class participation and reaction questions TBC 15% 4, 5 1, 2, 3, 4, 5
Intermediate written test TBC 25% 2, 3 1, 2, 3, 4, 5
Final assignment TBC 60% 1, 2 1, 2, 3, 4, 5
*Feedback method (to be determined by course teacher)
1 A general course report to be disseminated through Moodle
2 Individual feedback to be disseminated by email / through Moodle
3 Individual review meeting upon appointment
4 Group review meeting
5 In-class verbal feedback

3.2 Assessment Detail

Use of AI

AI will not be allowed to complete the intermediate and final tests. However, throughout the course, we will learn strategies to use AI in an ethical and productive way. We will approach AI critically and use it to improve our learning outcomes.

3.3 Grading Criteria

Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf

Learning Activities

4.1 Learning Activity Plan

Seminar: 3 hours  / week for 11 teaching weeks
Private study time: 9.5 hours / week for 11 teaching weeks

Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by the convenor.

Learning Resources

5.1 Resources

Reading materials: Reading materials are posted on Moodle
Core reading list: TBA
Recommended reading list: TBA

5.2 Links

Please refer to the following link: http://www.law.hku.hk/course/learning-resources/