On Human Rights
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, international lawyers, 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' emptied of 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 the human 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 enough content 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 around the world. We can't 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.
"1100501682"
On Human Rights
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, international lawyers, 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' emptied of 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 the human 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 enough content 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 around the world. We can't 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.
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On Human Rights

On Human Rights

by James Griffin
On Human Rights

On Human Rights

by James Griffin

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Overview

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, international lawyers, 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' emptied of 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 the human 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 enough content 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 around the world. We can't 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.

Product Details

ISBN-13: 9780191623417
Publisher: OUP Oxford
Publication date: 08/27/2009
Sold by: Barnes & Noble
Format: eBook
File size: 3 MB

About the Author

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


Introduction     1
An Account of Human Rights
Human Rights: The Incomplete Idea     9
The Enlightenment project on human rights     9
The indeterminateness of the term 'human right'     14
Remedies for the indeterminateness     18
Different approaches to explaining rights: substantive and structural accounts     20
A different kind of substantive account     22
How should we go about completing the idea?     27
First Steps in an Account of Human Rights     29
Top-down and bottom-up accounts     29
The human rights tradition     30
A proposal of a substantive account     32
One ground for human rights: personhood     33
A second ground: practicalities     37
Is there a third ground?: equality     39
How we should understand 'agency'?     44
In what sense are human rights 'universal'?     48
Do we need a more pluralist account?     51
When Human Rights Conflict     57
One of the central questions of ethics     57
Conflicts between human rights themselves     58
Are human rights co-possible?     60
Conflicts between a human right and other kinds of moral consideration     63
A proposal and a qualification     66
A step beyond intuition     76
Some ways in which human rights resist trade-offs     79
Reprise     81
Whose Rights?     83
The scope of the question     83
Potential agents     83
The inference from moral weight to human rights     86
Need accounts of human rights     88
A class of rights on their own?     90
A role for stipulation     91
Coming into rights in stages     94
My Rights: But Whose Duties?     96
Introduction     96
What duties?     97
Whose duties?     101
Primary and secondary duties     104
AIDS in Africa     105
Can there be rights without indentifiable duty-bearers?     107
The Metaphysics of Human Rights     111
Two models of value judgement     111
Human interests and the natural world     116
The test of the best explanation     121
The metaphysics of human rights     124
The Relativity and Ethnocentricity of Human Rights     129
Ethical relativity     129
The relativity of human rights      133
What is the problem of ethnocentricity?     137
Tolerance     142
Highest-Level Human Rights
Autonomy     149
The three highest-level human rights     149
The distinction between autonomy and liberty     149
The value of autonomy     151
The content of the right to autonomy     152
Autonomy and free will: what if we are not autonomous?     157
Liberty     159
Highest-level rights     159
Broad and narrow interpretations of liberty     159
'Pursuit'     160
Negative and positive sides of liberty     166
How demanding is the right?     167
Mill's 'one very simple principle' of liberty     169
Generalizing the results     174
Welfare     176
The historical growth of rights     176
Welfare: a civil, not a human, right?     177
A case for a human right to welfare     179
Is the proposed right too demanding?     182
The undeserving poor     184
Human rights, legal rights, and rights in the United Nations     186
Applications
Human Rights: Discrepancies Between Philosophy and International Law     191
Applications of the personhood account     191
Bringing philosophical theory and legal practice together     191
The list of human rights that emerges from the personhood account     192
Current legal lists: civil and political rights     193
Interlude on the aims and status of international law     202
Current legal lists: economic, social, and cultural rights     206
The future of international lists of human rights     209
A Right to Life, a Right to Death     212
The scope of the right to life     212
Locke on the scope of the right     213
Personhood as the ground of the right     215
From a right to life to a right to death     216
Is there a right to death?     221
Is it a positive or a negative right?     223
Privacy     225
Personhood and the content of a human right to privacy     225
Legal approaches to the right to privacy     227
How broad is the right?: (i) privacy of information, (ii) privacy of space and life, and (iii) the privacy of liberty     234
A proposal about the right to privacy     238
Privacy versus freedom of expression and the right to information     239
Do Human Rights Require Democracy?     242
Two plausible lines of thought     242
Autonomy and liberty     243
Democracy     243
Do human rights require democracy?     247
In modern conditions?     251
Group Rights     256
Three generations of rights     256
No quick way of dismissing group rights     256
A case for group rights: the good-based argument     258
Another case for group rights: the justice-based argument     265
Exclusion     271
Reduction     273
What is left?     275
Notes     277
Index     331
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