Authors
Thomas M. Besch
Wuhan University
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.
Keywords Human rights  Right to justification  Moral respect  Validity-claims  Reasonable disagreement
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

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

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

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Human Rights and Human Well-Being.William Talbott - 2010 - Oxford University Press.
Rights: Foundations, Contents, Hierarchy.John Edwards - 2006 - Res Publica 12 (3):277-293.
Is the Rule of Law Really Indifferent to Human Rights?Evan Fox-Decent - 2008 - Law and Philosophy 27 (6):533 - 581.
Human Rights Without Foundations.Joseph Raz - 2010 - In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press.

Analytics

Added to PP index
2011-09-02

Total views
1,547 ( #3,159 of 2,497,976 )

Recent downloads (6 months)
67 ( #11,685 of 2,497,976 )

How can I increase my downloads?

Downloads

My notes