Between political liberalism and postnational cosmopolitanism: Toward an alternative theory of human rights

Political Theory 31 (3):359-391 (2003)
Abstract It is well known that Rawls and Habermas propose different strategies for justifying and classifying human rights. The author argues that neither approach satisfies what he regards as threshold conditions of determinacy, rank ordering, and completeness that any enforceable system of human rights must possess. A related concern is that neither develops an adequate account of group rights, which the author argues fulfills subsidiary conditions for realizing human rights under specific conditions. This latter defect is especially serious in light of the different but equal roles that both subnational groups as well as supernational organizations play in bringing about a just global distribution of economic resources
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