David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Critical Review of International Social and Political Philosophy 15 (4):407-427 (2012)
This paper examines the idea of human rights, and how they should be justified. It begins by reviewing Peter Jones?s claim that the purpose of human rights is to allow people from different cultural backgrounds to live together as equals, and suggests that this by itself provides too slender a basis. Instead it proposes that human rights should be grounded on human needs. Three difficulties with this proposal are considered. The first is the problem of whether needs are sufficiently objective for this purpose, to which it responds by drawing a distinction between human needs proper and societal needs. The second is the problem of overshoot: human needs are more expansive than human rights. It responds to this by arguing that where needs conflict, we make trade-offs before specifying the optimum set of human rights. The third is the problem of undershoot: needs cannot be used to ground civil and political rights. Here it suggests that some of these rights can be grounded directly in needs, others can be justified instrumentally, and yet others grounded in the human need for recognition. Finally the paper returns to Jones, and asks which approach to human rights is better able to justify them within both liberal and non-liberal cultures
|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
Peter Jones (2000). Human Rights and Diverse Cultures: Continuity or Discontinuity? Critical Review of International Social and Political Philosophy 3 (1):27-50.
George Letsas (2006). Two Concepts of the Margin of Appreciation. Oxford Journal of Legal Studies 26 (4):705-732.
David Miller (2007). National Responsibility and Global Justice. Oxford University Press.
David Miller (2009). The Responsibility to Protect Human Rights. In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. 232.
Citations of this work BETA
John Horton (2012). Why Liberals Should Not Worry About Subsidizing Opera. Critical Review of International Social and Political Philosophy 15 (4):429-448.
Hillel Steiner (2012). Human Rights and the Diversity of Value. Critical Review of International Social and Political Philosophy 15 (4):395-406.
Similar books and articles
Kieran Oberman (2013). Beyond Sectarianism? On David Miller's Theory of Human Rights. Res Publica 19 (3):275-283.
John Mahoney (2007). The Challenge of Human Rights: Origin, Development, and Significance. Blackwell Pub..
Doris Schroeder (2012). Human Rights and Human Dignity. Ethical Theory and Moral Practice 15 (3):323-335.
Louis Henkin (1998). Religion, Religions, and Human Rights. Journal of Religious Ethics 26 (2):229 - 239.
Charles Jones (2013). The Human Right to Subsistence. Journal of Applied Philosophy 30 (1):57-72.
Joseph Raz (2010). Human Rights Without Foundations. In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Manuel Toscano (2012). Language Rights as Collective Rights: Some Conceptual Considerations on Language Rights. Res Publica 27:109-118.
Amartya Sen (2012). The Global Reach of Human Rights. Journal of Applied Philosophy 29 (2):91-100.
Mayra Gómez (2003). Human Rights in Cuba, El Salvador, and Nicaragua: A Sociological Perspective on Human Rights Abuse. Routledge.
Cristian Lupu (2007). Tolerating Nonliberal States: Human Rights as a Grounding Principle? Journal of Global Ethics 3 (2):223 – 235.
Added to index2012-08-08
Total downloads22 ( #73,299 of 1,096,265 )
Recent downloads (6 months)3 ( #81,717 of 1,096,265 )
How can I increase my downloads?