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Introductions See Cruft et al 2015:The Philosophical Foundations of Human Rights: An Overview.
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  1. The Idea of Human Rights.Charles R. Beitz - 2009 - Oxford University Press.
    The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and political practice of human rights (...)
  2. Does He Pull It Off? A Theistic Grounding of Natural Inherent Human Rights?Richard J. Bernstein - 2009 - Journal of Religious Ethics 37 (2):221-241.
    This paper focuses on two key issues in Nicholas Wolterstorff's Justice: Rights and Wrongs . It argues that Wolterstorff's theistic grounding of inherent rights is not successful. It also argues that Wolterstorff does not provide adequate criteria for determining what exactly these natural inherent rights are or criteria that can help us to evaluate competing and contradictory claims about these rights. However, most of Wolterstorff's book is not concerned with the theistic grounding of inherent rights. Instead, it is devoted to (...)
  3. Filosofía y Derechos Humanos.Elías Castro Blanco (ed.) - 2013 - Bogota: Universidad Libre.
    Examines the role of philosophical analysis for the understanding and realization of human rights. Relies on two historical events: the framing of the universal declaration of human rights and recent emphasis on global justice. Suggests that power and moral authority of human rights does not depend on a previous thorough consideration of this notion, and also that this authority is not compatible with any theory. Argues also that philosophical analysis is important for the understanding of the idea of global justice (...)
  4. Wollstonecraft, Mill, and Women's Human Rights.Eileen Hunt Botting - 2016 - Yale University Press.
    How can women’s rights be seen as a universal value rather than a Western value imposed upon the rest of the world? Addressing this question, Eileen Hunt Botting offers the first comparative study of writings by Mary Wollstonecraft and John Stuart Mill. Although Wollstonecraft and Mill were the primary philosophical architects of the view that women’s rights are human rights, Botting shows how non-Western thinkers have revised and internationalized their original theories since the nineteenth century. Botting explains why this revised (...)
  5. Climate Rights - Feasible or Not?Eric Brandstedt & Anna-Karin Bergman - 2013 - Environmental Politics 22 (3):394-409.
    Scholars have argued that we have compelling reasons to combat climate change because it threatens human rights, referred to here as ‘climate rights’. The prospects of climate rights are analysed assuming two basic desiderata: its accuracy in capturing the normative dimension of climate change ; and its ability to generate political measures. In order for climate rights to meet these desiderata certain conditions must be satisfied: important human interests are put at risk by global climate change; there is an identified (...)
  6. Is Democracy a Human Right?Tom Campbell - 2015 - International Journal of Applied Philosophy 29 (1):107-126.
    After dealing with some methodological and definitional questions aimed at justifying its focus on bringing out the practical consequences of adopting democracy as a human right, in Part 3 the paper outlines and criticises arguments commonly made against having such a human right. It distinguishes between those arguments that deal with: alleged conceptual inadequacies, such as that democracy does not satisfy defining criteria for human rights, such as universality, importance and intrinsic worth, political doubts relating to the practicality of ‘self-determination’ (...)
  7. Philosophical Foundations of Human Rights.Cruft Rowan, S. Matthew Liao & Renzo Massimo (eds.) - 2015 - Oxford University Press UK.
    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the implications that different moral perspectives (...)
  8. Kamm and Miller on Rights' Compatibility.Rowan Cruft - 2010 - Ethical Theory and Moral Practice 13 (4):393 - 401.
    In their recent books, National Responsibility and Global Justice (2007) and Intricate Ethics (2007), David Miller and Frances Kamm give two similar arguments aimed at preventing their favoured accounts of the moral justification of rights from justifying an excess of demanding assistance rights. Both arguments appeal to the fact that a proliferation of assistance rights would conflict with other rights. In this paper, I show that these arguments fail. As Miller recognises in a footnote, the failure of such arguments appears (...)
  9. The Philosophical Foundations of Human Rights: An Overview.Rowan Cruft, S. Matthew Liao & Massimo Renzo - 2015 - In Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights. Oxford, UK: Oxford University Press. pp. 1-44.
    The introduction introduces the history of the concept of human rights and its philosophical genealogy. It raises questions of the nature of human rights, the grounds of human rights, difference between proposed and actual human rights, and scepticism surrounding the very idea of human rights. In the course of this discussion, it concludes that the diversity of positions on human rights is a sign of the intellectual, cultural, and political fertility of the notion of human rights. The chapter concludes with (...)
  10. Paradigms of International Human Rights Law.Aaron Xavier Fellmeth - 2016 - Oxford University Press USA.
    Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special (...)
  11. Grounding Human Rights in Natural Law.John Finnis - 2015 - American Journal of Jurisprudence 60 (2):199-225.
  12. The Justificatory Argument for Human Rights.Alan Gewirth - 2000 - In James P. Sterba (ed.), Ethics: Classical Western Texts in Feminist and Multicultural Perspectives. Oxford University Press. pp. 489--94.
  13. Why There Are Human Rights.Alan Gewirth - 1985 - Social Theory and Practice 11 (2):235-248.
  14. Labor Human Rights and Human Dignity.Pablo Gilabert - 2016 - Philosophy and Social Criticism 42 (2):171-199.
    The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human rights practice. Second, it gives a moral defense (...)
  15. On Justifying Human Rights.John-Stewart Gordon - 2011 - In Michael Boylan (ed.), The Morality and Global Justice Reader. Westview Press. pp. 27--49.
  16. On Human Rights.James Griffin - 2008 - Oxford University Press.
    It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
  17. Between Political Liberalism and Postnational Cosmopolitanism: Toward an Alternative Theory of Human Rights.David Ingram - 2003 - Philosophy Today 31 (3):359-391.
    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 (...)
  18. Dignity, Torture, and Human Rights.Suzy Killmister - 2016 - Ethical Theory and Moral Practice 19 (5):1087-1101.
    This paper focuses on a distinct puzzle for understanding the relationship between dignity and human rights. The puzzle is that dignity appears to enter human rights theory in two distinct roles: on the one hand, dignity is commonly pointed to as the foundation of human rights, i.e. that in virtue of which we have human rights. On the other hand, dignity is commonly pointed to as that which is at risk in a subset of human rights, paradigmatically torture. But how (...)
  19. Justifying Human Rights: Does Consensus Matter?Eun-Jung Katherine Kim - 2012 - Human Rights Review 13 (3):261-278.
    This paper is a critical examination of a widely accepted method of human rights justification. The method defends the universality of human rights by appeal to diverse worldviews that converge on human rights norms. By showing that the norms can be justified from the perspective of diverse worldviews, human rights theorists suggest that there is reason to believe that human rights are universal norms that should govern the institutions of all societies. This paper argues that the evidence of plural foundations (...)
  20. The Possibility of Secular Human Rights: Alan Gewirth and the Principle of Generic Consistency.Ari Kohen - 2005 - Human Rights Review 7 (1):49-75.
    This article explores Alan Gewirth’s argument for a secular foundation for the idea 2 of human rights as a possible response to Michael J. Perry’s claim “that the idea of 3 human rights is…ineliminably religious.” I examine Gewirth’s reasoning for constructing 3 a theory, namely that existing theories are fundamentally flawed and leave the idea of human rights without a logically consistent foundation, before considering in detail his claims for the Principle of Generic Consistency . Having looked at his critique (...)
  21. Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. Oxford University Press USA.
    What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...)
  22. Political and Naturalistic Conceptions of Human Rights: A False Polemic?S. Matthew Liao & Adam Etinson - 2012 - Journal of Moral Philosophy 9 (3):327-352.
    What are human rights? According to one longstanding account, the Naturalistic Conception of human rights, human rights are those that we have simply in virtue of being human. In recent years, however, a new and purportedly alternative conception of human rights has become increasingly popular. This is the so-called Political Conception of human rights, the proponents of which include John Rawls, Charles Beitz, and Joseph Raz. In this paper we argue for three claims. First, we demonstrate that Naturalistic Conceptions of (...)
  23. What the Old Right of Necessity Can Do for the Contemporary Global Poor.Alejandra Mancilla - 2016 - Journal of Applied Philosophy 33 (2).
    Given the grim global statistics of extreme poverty and socioeconomic inequalities, moral and political philosophers have focused on the duties of justice and assistance that arise therefrom. What the needy are morally permitted to do for themselves in this context has been, however, a mostly overlooked question. Reviving a medieval and early modern account of the right of necessity, I propose that a chronically deprived agent has a right to take, use and/or occupy whatever material resources are required to guarantee (...)
  24. Natural Rights Human Rights and the Role of Social Recognition.Rex Martin - 2011 - Collingwood and British Idealism Studies 17 (1):91-115.
    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 (...)
  25. Grounding Human Rights.David Miller - 2012 - Critical Review of International Social and Political Philosophy 15 (4):407-427.
    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 (...)
  26. Seek and You Will Find It; Let Go and You Will Lose It: Exploring a Confucian Approach to Human Dignity.Peimin Ni - 2014 - Dao: A Journal of Comparative Philosophy 13 (2):173-198.
    While the concept of Menschenwürde (universal human dignity) has served as the foundation for human rights, it is absent in the Confucian tradition. However, this does not mean that Confucianism has no resources for a broadly construed notion of human dignity. Beginning with two underlying dilemmas in the notion of Menschenwürde and explaining how Confucianism is able to avoid them, this essay articulates numerous unique features of a Confucian account of human dignity, and shows that the Confucian account goes beyond (...)
  27. A Defense of Welfare Rights as Human Rights.James Nickel - 2009 - In Thomas Christiano & John Philip Christman (eds.), Contemporary Debates in Political Philosophy. Wiley-Blackwell. pp. 17--437.
  28. Poverty and Rights.James W. Nickel - 2005 - Philosophical Quarterly 55 (220):385–402.
    I defend economic and social rights as human rights, and as a feasible approach to addressing world poverty. I propose a modest conception of economic and social rights that includes rights to subsistence, basic health care and basic education. The second part of the paper defends these three rights. I begin by sketching a pluralistic justificatory framework that starts with abstract norms pertaining to life, leading a life, avoiding severely cruel treatment, and avoiding severe unfairness. I argue that economic and (...)
  29. Making Sense of Human Rights.James W. Nickel - 1987 - University of California Press.
  30. Beyond Sectarianism? On David Miller's Theory of Human Rights.Kieran Oberman - 2013 - Res Publica 19 (3):275-283.
    In his most recent book, National Responsibility and Global Justice, David Miller presents an account of human rights grounded on the idea of basic human needs. Miller argues that his account can overcome what he regards as a central problem for human rights theory: the need to provide a ‘non-sectarian’ justification for human rights, one that does not rely on reasons that people from non-liberal societies should find objectionable. The list of human rights that Miller’s account generates is, however, minimal (...)
  31. Wolność religijna-aspekty filozoficznoprawne [Freedom of Religion – Jurisprudential Issues]. Piechowiak - 1994-1995 - Toruński Rocznik Praw Człowieka I Pokoju 3:7-21.
  32. Thomas Aquinas – Human Dignity and Conscience as a Basis for Restricting Legal Obligations.Marek Piechowiak - 2016 - Diametros 47:64-83.
    In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a foundation for imposing (...)
  33. Plato and the Universality of Dignity.Marek Piechowiak - 2015 - Themis Polska Nova 9 (2):5-25.
    An important argument in favour of recognising the cultural relativism and against universality of dignity and human rights, is the claim that the concept of dignity is a genuinely modern one. An analysis of a passage from the Demiurge’s speech in Timaeus reveals that Plato devoted time to reflecting on the question of what determines the qualitative difference between certain beings (gods and human being) and the world of things, and what forms the basis for the special treatment of these (...)
  34. Problem Aksjologicznej Legitymizacji Uniwersalnego Systemu Ochrony Praw Człowieka.Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne problemy ochrony praw człowieka. Katedra Ochrony Praw Człowieka i Prawa Międzynarodowego UKSW. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system (UN-system) of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...)
  35. Problem Aksjologicznej Legitymizacji Uniwersalnego Systemu Ochrony Praw Człowieka [Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights].Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne Problemy Ochrony Praw Człowieka. Katedra Ochrony Praw Człowieka I Prawa Międzynarodowego Uksw. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. Realisation (...)
  36. Prawnonaturalny charakter klauzuli dobra wspólnego [Natural–Law Character of a Common Good Claus in the Polish Constitution].Marek Piechowiak - 2010 - In Agnieszka Choduń & Stanisław Czepita (eds.), W poszukiwaniu dobra wspólnego. Księga jubileuszowa Profesora Macieja Zielińskiego. Wydawnictwo Naukowe Uniwersytetu Szczecińskiego. pp. 597-611.
    W NINIEJSZYM opracowaniu analizuję klauzulę dobra wspólnego zawartą w art. 1 Konstytucji Rzeczypospolitej Polskiej z 2 kwietnia 1997 r., zmierzając do uwyraźnienia, w jakim sensie można mówić o jej prawnonaturalnym charakterze (zatem i do zarysowania możliwych znaczeń zwrotu "prawnonaturalny charakter klauzuli dobra wspólnego") oraz do ujawnienia „momentów" prawnonaturalnych, które mogą wchodzić w grę przy interpretacji tej klauzuli.
  37. Human Rights Without Foundations.Joseph Raz - 2010 - In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press.
    Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be contingent on social conditions, and in (...)
  38. Humanity Without Dignity: Moral Equality, Respect, and Human Rights.Andrea Sangiovanni - 2017 - Cambridge, MA: Harvard University Press.
    Name any valued human trait—intelligence, wit, charm, grace, strength—and you will find an inexhaustible variety and complexity in its expression among individuals. Yet we insist that such diversity does not provide grounds for differential treatment at the most basic level. Whatever merit, blame, praise, love, or hate we receive as beings with a particular past and a particular constitution, we are always and everywhere due equal respect merely as persons. -/- But why? Most who attempt to answer this question appeal (...)
  39. Human Rights and Human Dignity: A Reply to Doris Schroeder. [REVIEW]Peter Schaber - 2014 - Ethical Theory and Moral Practice 17 (1):155-161.
    According to Doris Schroeder, the view that human rights derive from human dignity should be rejected. She thinks that this is the case for three different reasons: the first has to do with the fact that the dominant concept of dignity is based on religious beliefs which will do no justificatory work in a secular society; the second is that the dominant secular view of dignity, which is the Kantian view, does not provide us with a justification of human rights, (...)
  40. Human Rights and Human Dignity.Schroeder Doris - 2012 - Ethical Theory and Moral Practice 15 (3):323-335.
    Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve the justification problem for human rights but rather aggravates it (...)
  41. Human Rights and Human Well-Being.W. J. Talbott - 2010 - Oxford University Press.
    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 (...)
  42. Which Rights Should Be Universal?W. J. Talbott - 2005 - Oxford University Press.
    "We hold these truths to be self-evident..." So begins the U.S. Declaration of Independence. What follows those words is a ringing endorsement of universal rights, but it is far from self-evident. Why did the authors claim that it was? William Talbott suggests that they were trapped by a presupposition of Enlightenment philosophy: That there was only one way to rationally justify universal truths, by proving them from self-evident premises. With the benefit of hindsight, it is clear that the authors of (...)
  43. Consequentialism and Human Rights.William J. Talbott - 2013 - Philosophy Compass 8 (11):1030-1040.
    The article begins with a review of the structural differences between act consequentialist theories and human rights theories, as illustrated by Amartya Sen's paradox of the Paretian liberal and Robert Nozick's utilitarianism of rights. It discusses attempts to resolve those structural differences by moving to a second-order or indirect consequentialism, illustrated by J.S. Mill and Derek Parfit. It presents consequentialist (though not utilitarian) interpretations of the contractualist theories of Jürgen Habermas and the early John Rawls (Theory of Justice) and of (...)
  44. The Grounds of Moral Status.Julie Tannenbaum & Agnieszka Jaworska - 2013 - Stanford Encyclopedia of Philosophy:0-0.
    This article discusses what is involved in having full moral status, as opposed to a lesser degree of moral status and surveys different views of the grounds of moral status as well as the arguments for attributing a particular degree of moral status on the basis of those grounds.
  45. The Right Against Interference: Human Rights and Legitimate Authority.Daniel Viehoff - 2013 - Law and Ethics of Human Rights 7 (1):25-46.
    Among the functions of state borders is to delineate a domain within which outsiders may normally not interfere. But the human rights practice that has sprung up in recent decades has imposed significant limits on a state’s right against interference. This article considers the connection between human rights on the one hand and justified interference in the internal affairs of states on the other. States, this article argues, have a right against interference if and because they serve their subjects. Interference (...)
  46. A Dilemma for Wolterstorff’s Theistic Grounding of Human Dignity and Rights.Jordan Wessling - 2014 - International Journal for Philosophy of Religion 76 (3):277-295.
    In a number of recent works, Nicholas Wolterstorff defends the claim that human rights inhere in the dignity of every human. He further contends that the explanation of this dignity cannot be found in the intrinsic features of humans; rather, the only plausible explanation for human dignity is that it is bestowed upon humans by God’s love. In this paper, I argue that Wolterstorff’s theory concerning the ground of human dignity falls prey to something quite similar to the classic Euthyphro (...)