ISBN : 9780199688623
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 focusses 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 on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each part is comprised of a set of essays and replies, offering a comprehensive analysis of different positions within the debate in question.The introduction from the editors will guide researchers and students navigating the diversity of views on the philosophical foundations of human rights.
Introduction: the Philosophical Foundations of Human Rights
HUMAN RIGHTS' FOUNDATIONS
1. On the Foundations of Human Rights
2. Response to John Tasioulas
3. Human Rights as Fundamental Conditions for a Good Life
4. From a Good Life to Human Rights: Some Complications
5. Is Dignity the Foundation of Human Rights?
6. Human Rights, Natural Rights, and Human Dignity
7. Personal Deserts and Human Rights
8. Desert and Human Rights: Response to James W. Nickel
9. A Social Ontology of Human Rights
10. Human Rights, Human Dignity, and Power
HUMAN RIGHTS IN LAW AND POLITICS
11. Human Rights in the Emerging World Order
12. Joseph Raz on Human Rights: A Critical Appraisal
13. Why International Legal Human Rights?
14. Response to Buchanan
15. Human Rights and Constitutional Law: Patterns of Mutual Validation and Legitimation
16. Response to Besson
17. Rescuing Proportionality
18. Response to Letsas
CANONICAL AND CONTESTED HUMAN RIGHTS
19. Free Speech as an Inverted Right and Democratic Persuasion
20. Free Speech and "Democratic Persuasion"
21. Prince or Pariah? The place of Freedom of Religion in a system of International human rights
22. Freedom of Religion Conceived as a Human Right
23. The Right to Security
24. Rights and Security
25. Self Determination and the Human Right to Democracy
26. A Human Right to Democracy?
27. The Content of the Human Right to Health
28. Do We have a Human Right to the Political Determinants of Health?
29. A Moral Inconsistency Argument for a Basic Human Right to Subsistence
30. The Force of Subsistence Rights
HUMAN RIGHTS: CONCERNS AND ALTERNATIVES
31. The Relativity and Ethnocentricity of Human Rights
32. Human Needs, Human Rights, and Parochialism
33. Human Rights in Kantian Mode: a Sketch
34. Why There Cannot Be A Truly Kantian Theory of Human Rights
35. Liberty Rights and the Limits of Liberal Democracy
36. Human Rights without the Human Good? A Reply to Ci
37. Care and Human Rights
38. Care and Human Rights: A Reply to Virginia Held