The enforcement of human rights

If Roman human rights should be seen as the ultimate source of the modern institution,⁹ how do the two compare in the matter of practical enforcement? Our answer is that Rome anticipated the modern idea of creating a world environment in which solutions become possible.

The modern version appears to have the advantage in respect of the scope of human rights. Since the adoption of the Universal Declaration those rights have been expanded by legislation by individual states and interpretation by international organs. On the other hand, Roman humanitas was a flexible, and indeed chameleon­like, concept¹¹ that constantly adapted to changes in society. Adaptation was effected partly by redefining humanitas, but in an even more subtle way by making it always subject to the dictates of the public interest, utilitas publica.¹ The public interest acted as a brake on the enthusiasms of humanitas. At the end of the day, however, the difference between the ancient and modern models may not be as great as appears at first sight. On the modern scene braking mechanisms like commercial interests have a comparable effect to utilitas publica.