Reflections on the Foundations of Human Rights

Abstract

Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a way in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing.

Links

PhilArchive

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

  • Only published works are available at libraries.

Similar books and articles

On a Reflexive Case for Human Rights.Thomas M. Besch - 2013 - Journal of East-West Thought 3 (4):51-64.
Constructivist and well-being based justifications of human rights. Rivals or allies?Christian Baatz - forthcoming - Critical Review of International Social and Political Philosophy.
On Discursive Respect.Thomas M. Besch - 2014 - Social Theory and Practice 40 (2):207-231.
Human rights and the priority of the moral.Massimo Renzo - 2015 - Social Philosophy and Policy 32 (1):127-148.
The Discourse-theoretic Approach to Human Rights in a Diverse World.Edward Demenchonok - 2018 - Proceedings of the XXIII World Congress of Philosophy 15:11-15.

Analytics

Added to PP
2011-09-02

Downloads
115 (#159,412)

6 months
1,865 (#377)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Thomas M. Besch
Wuhan University

Citations of this work

No citations found.

Add more citations

References found in this work

The Limits of Toleration.Rainer Forst - 2004 - Constellations 11 (3):312-325.
On Reasonableness.Margaret Moore - 1996 - Journal of Applied Philosophy 13 (2):167-178.

Add more references