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The Universal Declaration of Human Rights as Lexical Negotiation

The Universal Declaration of Human Rights as Lexical Negotiation

《世界人权宣言》作为语义协商

  1. Drafting the UDHR was less about moral consensus and more about lexical negotiation—finding terms acceptable across Arabic fiqh, Soviet socialist legality, and Anglo-American common law.
  2. ‘Dignity’ appears in Article 1, yet delegates debated whether it derived from divine creation, rational autonomy, or collective labor—settling on deliberate ambiguity.
  3. The French term ‘droits de l’homme’ was retained despite objections from Latin American delegations insisting on ‘derechos humanos’ to include gender-inclusive usage.
  4. Soviet representatives accepted ‘freedom of opinion’ only after securing parallel phrasing on ‘freedom from want’, anchoring rights in material conditions.
  5. Arabic drafters insisted on ‘sharīʿa-compatibility’ clauses, leading to Article 29’s limitation: rights may be restricted ‘for the purpose of meeting the just requirements of morality’.
  6. The Chinese delegation abstained not on principle but because ‘human rights’ lacked direct classical Confucian equivalents—preferring ‘minquan’ (people’s rights) with different relational connotations.
  7. Even punctuation mattered: semicolons separated rights with distinct enforcement logics, while commas linked interdependent concepts like ‘life, liberty and security of person’.
  8. Translators developed glossaries defining ‘arbitrary arrest’ differently for civil law versus common law jurisdictions to ensure enforceable meaning.
  9. The final text contains zero definitions—its power lies in strategic lexical elasticity, not conceptual precision.
  10. It succeeded not as a legal instrument but as a multilingual reference framework enabling localized interpretation.
  11. Modern human rights litigation often hinges on which dictionary version—Oxford, Al-Mawrid, or Xinhua—is cited in translation disputes.
  12. This was diplomacy as semantics: building bridges not from shared beliefs, but from mutually acceptable linguistic scaffolding.
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