In this paper I hope to show that a conception of human rights requires a view of the social ideal and the good life, and requires a view of the nature of human community. But what I say in favor of these points hardly amounts to a demonstration. Instead I try to exhibit how we think and talk about rights in general, and what the presuppositions of such thought and talk are. Throughout, I emphasize the pragmatic side of rights-discourse and (...) I try to establish some of the contexts in which such discourse can be significantly employed. Much of what I say is motivated by the consideration that an historically important factor in the generation of various rights, their acknowledgement and implementation, and their extension to increasingly larger segments of the population, has been the claims put forward and the demands made by individuals and groups against individuals and groups. This factor constitutes a suggestive clue for the development of a theory of rights. The treatment here, however, is largely programmatic and fragmentary. The space allotted does not permit more. Moreover, I lead up to—but do not go into—the social ideal and the human community. The title of this essay indicates its limited scope. The above points are, of course, hardly novel; many older writers laid great stress upon them. But of late they have not received the attention that they in my view deserve. What does it mean for someone to maintain a conception of human rights? How is this conception given any concrete content? The answers to these questions, I believe, ultimately lead to a consideration of social ideals and the human community. What follows is meant to stimulate new thinking on these old-fashioned topics. (shrink)

Virtually all philosophers now agree that human beings - and possibly the higher animals - have moral rights in some sense, both special rights against individuals to whom they stand in a special relation, and general rights, against everybody or against the government, just in virtue of their human nature. Some philosophers also think, however, that anyone who is a utilitarian ought not to share this view: there is a fundamental incompatibility between utilitarinism and human rights. Most utilitarians, of course, (...) have not thought there is such an incompatibility. John Stuart Mill, for instance, espoused utilitarianism at the same time that he defended rights to free speech and freedom of action except where it injures others. In what follows I wish to explore some reasons recently put forward to show that the utilitarian who wishes to affirm that there are moral rights faces a serious logical problem; and I shall argue that further analysis shows the alleged difficulty is unreal. (shrink)