Reconceptualizing human rights

Journal of Global Ethics 8 (1):91-105 (2012)
Abstract
This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase ?human rights? refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a ?human right? is replaced by two more exact concepts: International human rights: moral claims sufficient to warrant coercive domestic and international social protection. Domestic human rights: moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights ? that they are normative entitlements prior to and independent of substantive theories of justice ? is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed ? and much greater agreement about international justice should be reached ? before anything more than a very minimal list of international human rights can be justified
Keywords human rights  coercion  international  domestic  justice
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,351
External links
  •   Try with proxy.
  • Through your library Configure
    References found in this work BETA
    Joel Feinberg (1973). Social Philosophy. Englewood Cliffs, N.J.,Prentice-Hall.

    View all 10 references

    Citations of this work BETA

    No citations found.

    Similar books and articles
    Analytics

    Monthly downloads

    Added to index

    2010-07-09

    Total downloads

    91 ( #10,719 of 1,088,384 )

    Recent downloads (6 months)

    1 ( #69,601 of 1,088,384 )

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.