The Concept of Rights in Contemporary Human Rights Discourse

Ratio Juris 23 (3):333-364 (2010)
In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for sociopolitical and legal institutions.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1111/j.1467-9337.2010.00458.x
 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: 15,822
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA
John Rawls (1999). The Law of Peoples. Harvard University Press.
John Rawls (2009/2005). A Theory of Justice. In Steven M. Cahn (ed.), Philosophy and Rhetoric. Oxford University Press 133-135.
Thomas Nagel (2005). The Problem of Global Justice. Philosophy and Public Affairs 33 (2):113–147.

View all 26 references / Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

119 ( #18,327 of 1,724,745 )

Recent downloads (6 months)

6 ( #110,389 of 1,724,745 )

How can I increase my downloads?

My notes
Sign in to use this feature

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