On Human Rights

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Format: Paperback
Pub. Date: 2009-10-25
Publisher(s): Oxford University Press
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Summary

What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, internationallawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights.First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and 'natural law' emptiedof most of its original meaning. By the end of the Enlightenment, the term 'human rights' (droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to thehuman status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enoughcontent to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity aroundthe world.We cant do without the idea of human rights, and we need to get clear about it. 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.

Author Biography


James Griffin is White's Professor of Moral Philosophy Emeritus at the University of Oxford; Visiting Professor of Philosophy at Rutgers University; and Adjunct Professor at the Centre for Applied Philosophy and Public Ethics, Canberra.

Table of Contents

Introductionp. 1
An Account of Human Rights
Human Rights: The Incomplete Ideap. 9
The Enlightenment project on human rightsp. 9
The indeterminateness of the term 'human right'p. 14
Remedies for the indeterminatenessp. 18
Different approaches to explaining rights: substantive and structural accountsp. 20
A different kind of substantive accountp. 22
How should we go about completing the idea?p. 27
First Steps in an Account of Human Rightsp. 29
Top-down and bottom-up accountsp. 29
The human rights traditionp. 30
A proposal of a substantive accountp. 32
One ground for human rights: personhoodp. 33
A second ground: practicalitiesp. 37
Is there a third ground?: equalityp. 39
How we should understand 'agency'?p. 44
In what sense are human rights 'universal'?p. 48
Do we need a more pluralist account?p. 51
When Human Rights Conflictp. 57
One of the central questions of ethicsp. 57
Conflicts between human rights themselvesp. 58
Are human rights co-possible?p. 60
Conflicts between a human right and other kinds of moral considerationp. 63
A proposal and a qualificationp. 66
A step beyond intuitionp. 16
Some ways in which human rights resist trade-offsp. 79
Reprisep. 81
Whose Rights?p. 83
The scope of the questionp. 83
Potential agentsp. 83
The inference from moral weight to human rightsp. 86
Need accounts of human rightsp. 88
A class of rights on their own?p. 90
A role for stipulationp. 91
Coming into rights in stagesp. 94
My Rights: But Whose Duties?p. 96
Introductionp. 96
What duties?p. 97
Whose duties?p. 101
Primary and secondary dutiesp. 104
AIDS in Africap. 105
Can there be rights without indentifiable duty-bearers?p. 107
The Metaphysics of Human Rightsp. 111
Two models of value judgementp. 111
Human interests and the natural worldp. 116
The test of the best explanationp. 121
The metaphysics of human rightsp. 124
The Relativity and Ethnocentricity of Human Rightsp. 129
Ethical relativityp. 129
The relativity of human rightsp. 133
What is the problem of ethnocentricity?p. 137
Tolerancep. 142
Highest-Level Human Rights
Autonomyp. 149
The three highest-level human rightsp. 149
The distinction between autonomy and libertyp. 149
The value of autonomyp. 151
The content of the right to autonomyp. 152
Autonomy and free will: what if we are not autonomous?p. 157
Libertyp. 159
Highest-level rightsp. 159
Broad and narrow interpretations of libertyp. 159
'Pursuit'p. 160
Negative and positive sides of libertyp. 166
How demanding is the right?p. 167
Mill's 'one very simple principle' of libertyp. 169
Generalizing the resultsp. 174
Welfarep. 176
The historical growth of rightsp. 176
Welfare: a civil, not a human, right?p. 177
A case for a human right to welfarep. 179
Is the proposed right too demanding?p. 182
The undeserving poorp. 184
Human rights, legal rights, and rights in the United Nationsp. 186
Applications
Human Rights: Discrepancies Between Philosophy and International Lawp. 191
Applications of the personhood accountp. 191
Bringing philosophical theory and legal practice togetherp. 191
The list of human rights that emerges from the personhood accountp. 192
Current legal lists: civil and political rightsp. 193
Interlude on the aims and status of international lawp. 202
Current legal lists: economic, social, and cultural rightsp. 206
The future of international lists of human rightsp. 209
A Right to Life, a Right to Deathp. 212
The scope of the right to lifep. 212
Locke on the scope of the rightp. 213
Personhood as the ground of the rightp. 215
From a right to life to a right to deathp. 216
Is there a right to death?p. 221
Is it a positive or a negative right?p. 223
Privacyp. 225
Personhood and the content of a human right to privacyp. 225
Legal approaches to the right to privacyp. 227
How broad is the right?: (i) privacy of information, (ii) privacy of space and life, and (iii) the privacy of libertyp. 234
A proposal about die right to privacyp. 238
Privacy versus freedom of expression and the right to informationp. 239
Do Human Rights Require Democracy?p. 242
Two plausible lines of thoughtp. 242
Autonomy and libertyp. 243
Democracyp. 243
Do human rights require democracy?p. 247
In modern conditions?p. 251
Group Rightsp. 256
Three generations of rightsp. 256
No quick way of dismissing group rightsp. 256
A case for group rights: the good-based argumentp. 258
Another case for group rights; the justice-based argumentp. 265
Exclusionp. 271
Reductionp. 273
What is left?p. 275
Notesp. 277
Indexp. 331
Table of Contents provided by Ingram. All Rights Reserved.

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