This paper pays special attention to T.H. Green's account of rights as developed in the Lectures on the Principles of Political Obligation. Green's theory can be viewed as having at least two main levels. The first level is his general account of rights, emphasizing the notions of social recognition, of a power or capacity that each right-holder has, and of the common good subserved by proper rights. The second level is that of universal rights; here special attention will be paid (...) to Green's critique of seventeenth-century natural rights and to the theory of human rights that Green evolved to replace and improve upon the old natural rights tradition. In its account of contemporary human rights theory, the paperwill emphasize the special role that social recognition plays in both the moral project of justifying human rights and in the institutionalization that is a necessary feature of any fully constituted human right, functioning at full capacity. (shrink)
The paper develops a theory of human rights under three main headings: that ways of acting or of being treated require effective normative justification, that they must have authoritative political endorsement or acknowledgement, and that they must be maintained by conforming conduct and, where need be, by governmental enforcement. The paper, then, applies this notion of human rights to two main cases: as constitutional rights within individual states (the case primarily contemplated within the UN's Universal Declaration), and as international human (...) rights maintained by confederations of states or by looser international coalitions. (shrink)
This paper lays out the background and main features of Rawls’s new theory of justice. This is a theory that he began adumbrating about 1980 and that is given its fullest statement in his recent book Political Liberalism. I identify the main patterns of justification Rawls attempts to provide for his new theory and suggest a problem with one of these patterns in particular. The main lines of my analysis engage Rawls’s idea of constitutional consensus and his account of political (...) stability. (shrink)
This essay develops a general account of one type of explanation found in history in particular: that an individual action is conceived as an exemplification of a rather complex schema of practical inference, under the provision that the facts which instantiate the various terms of the schema have an intelligible connection to one another. The essay then raises the question whether historians, anthropologists, and their contemporaneous audience can have an internal understanding of the actions of others, where those others come (...) from radically different cultures or times from the historians or anthropologists. An account is offered that, arguably, can resolve this problem and do justice to both the claim of internal understanding and the presumed cultural differentness between the agents studied and the historians and anthropologists who do the study. (shrink)
