Online research in philosophy

Against the view that commitment to human rights necessarily follows from Christianity, the author asserts that human rights thinking is alien to Eastern Orthodoxy. Two features of Orthodox theology-its Christology and its understanding of redemption-provide a platform for a critique of the weaknesses and dangers of contemporary human rights doctrine. The author concedes that the modern theories of human rights have been inspired by Christianity. He adds that a strongly dyophysitic accent in Western Christianity, however, has contributed to the Western political emphasis on autonomy and rights and that this reflects a flawed understanding of the relation of nature and grace. Furthermore, he maintains that in the absence of redemptive conversion, claims to human rights can become mere swords of vengeance.

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.

An illustrative comparison of human rights in 1948 and the contemporary period, attempting to gauge the impact of globalization on changes in the content of human rights (e.g., collective rights, women's rights, right to a healthy environment), major abusers and guarantors of human rights (e.g., state actors, transnational corporations, social movements), and alternative justifications of human rights (e.g., pragmatic agreement, moral intuitionism, overlapping consensus, cross-cultural dialogue).

The Challenge of Human Rights traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today’s increasingly globalized world. Provides an engaging study of the origin and the philosophical and political development of human rights discourse. Offers an original defence of human rights. Explores the significance of human rights in the context of increasing globalisation. Confronts the major objections to human rights, including the charge of western ethical imperialism and cultural relativism. Argues that human rights logically culminate in an ethical cosmopolitanism to reflect the moral unity of the human race.

A. Belden Fields invites people to think more deeply about human rights in this book in an attempt to overcome many of the traditional arguments in the human rights literature. He argues that human rights should be reconceptualized in a holistic way to combine philosophical, historical, and empirical-practical dimensions. Human rights are viewed not as a set of universal abstractions but rather as a set of past and ongoing social practices rooted in the claims and struggles of peoples against what they consider to be political, economic, or social domination. By aptly showing how a people’s fight for recognition is often closely tied to rights claims, Fields argues that these connections to identity can help bridge the gulf between universalistic and cultural relativistic arguments in the human rights debate.

Abstract: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories.

The consequentialist project for human rights -- Exceptions to libertarian natural rights -- The main principle -- What is well-being? What is equity? -- The two deepest mysteries in moral philosophy -- Security rights -- Epistemological foundations for the priority of autonomy rights -- The millian epistemological argument for autonomy rights -- Property rights, contract rights, and other economic rights -- Democratic rights -- Equity rights -- The most reliable judgment standard for weak paternalism -- Liberty rights and privacy rights -- Clarifications and responses to objections -- Conclusion.

The human rights discourse is vitiated by its tendency to reification, a tendency manifest in an ideologically motivated failure to take the reasons for human rights seriously. When a set of rights fall short, in range or strength, of the reasons adduced for them, any claim to the universality and priority of the rights in question is open to the charge of falsification and reification. Such a claim invites immanent critique insofar as a human rights discourse fails to take its own reasons seriously by working out a set of rights commensurate with them. Further critique is necessary if the human rights concept as such can be shown to be incapable of living up to the best reasons for human rights, in the shape, the author argues, of agency-based reasons. These kinds of critique, especially the latter, can serve as an antidote to the reifying tendency of the human rights discourse.

It would seem that we in the West are suffering from an increasing glut of rights. To the sixty-odd human rights that the Universal Declaration and its Covenants have long given us, must now be added the particular rights claims of an increasing number of ‘oppressed’ minorities, claims to compensation rights for just about every conceivable harm done and claims to ever more trivial things. This tendency is harmful insofar as it trivialises rights and devalues the coverage of rights. Human rights are fundamental and ought to be protected from these tendencies. Using an analysis of the foundations of human rights, and their function in maintaining autonomy in particular, this article analyses the content of rights – what must be fulfilled in order for a right to be protected – as a means of demonstrating the possibility of reducing the volume of rights without reducing rights coverage and of creating a defensible hierarchy.

The Proliferation of Rights explores how the assertion of rights has expanded dramatically since World War II. Carl Wellman illuminates for the reader the historical developments in each of the major categories of rights, including human rights, civil rights, women’s rights, patient rights, and animal rights. He concludes by assessing where this proliferation has been legitimate and helpful, cases where it has been illusory and unproductive, and alternatives to the appeal to rights.