Rights without dignity? Some critical reflections on Habermas's procedural model of law and democracy
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Philosophy and Social Criticism 27 (3):21-40 (2001)
I argue that Habermas’s proposed system of rights fails to offer an adequate account of the relation between rights and moral injury. In providing a non-moral justification for rights, Habermas’s functional-normative argument excludes the moral intuition that persons are worthy of being protected from a class of injurious actions . Habermas does offer clearly stated reasons for his proposed normative, yet non-moral foundation for a legitimate legal order, including the claim that the functional imperatives of modern legal systems cannot be reduced to morality. My positive thesis is that at least some rights are moral norms whose content and justification derive from a moral point of view informed by the idea of persons as free and equal
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
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
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Pavlos Eleftheriadis (2008). Legal Rights. Oxford University Press.
Jeff Noonan (2005). Modernization, Rights, and Democratic Society: The Limits of Habermas's Democratic Theory. [REVIEW] Res Publica 11 (2):101-123.
Doris Schroeder (2012). Human Rights and Human Dignity. Ethical Theory and Moral Practice 15 (3):323-335.
Shaoping Gan (2009). Human Dignity as a Right. Frontiers of Philosophy in China 4 (3):370-384.
Seumas Miller (2000). Collective Rights and Minority Rights. International Journal of Applied Philosophy 14 (2):241-257.
Mathieu Deflem (ed.) (1996). Habermas, Modernity, and Law. Sage Publications.
Corey Brettschneider (2007). Democratic Rights: The Substance of Self-Government. Princeton University Press.
Ori J. Herstein (2012). Defending the Right To Do Wrong. Law and Philosophy 31 (3):343-365.
Jürgen Habermas (2010). The Concept of Human Dignity and the Realistic Utopia of Human Rights. Metaphilosophy 41 (4):464-480.
Added to index2009-01-28
Total downloads23 ( #88,594 of 1,692,428 )
Recent downloads (6 months)1 ( #184,284 of 1,692,428 )
How can I increase my downloads?