Grounding Human Rights in Human Nature


Book Description

What does it mean that human rights derive from human dignity? And what is the foundation of human dignity? How are human dignity and its foundation connected? Is the recent development of natural sciences dealing with human nature, like evolutionary psychology, relevant to these questions? The book addresses these points by connecting the discussion on the foundations of human rights with the recent claims regarding human nature made in evolutionary psychology, and with contemporary analytic metaphysics, especially the relation of metaphysical grounding. It offers in-depth insights into the so-called naturalistic approach to human rights, together with detailed proposals on how the approach could be truly naturalized in the philosophical sense. It shows how human rights and human dignity may have foundations in natural facts about human nature and offers a detailed analysis of how the “is” / “ought” gap problematic can be solved.The book also addresses the objection of Western ethnocentrism – unlike most of the contemporary philosophical accounts of human rights, which draw on highly individualistic Western concepts, it employs concepts like altruism and cooperation.




On Human Rights


Book Description

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.




Human Rights and Human Nature


Book Description

This book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and their concomitant critiques. They address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan.




Griffin on Human Rights


Book Description

This volume presents responses to the work of James Griffin, one of the most significant contributors to the contemporary debate over human rights. Leading moral and political philosophers engage with Griffin's views--according to which human rights are best understood as protections of our agency and personhood--and Griffin offers his own reply.




Christianity and Human Rights


Book Description

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.




Vulnerability and Human Rights


Book Description

The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural beliefs and values that mark their differences, provides solid ground on which to construct a framework of human rights. Bryan Turner undertakes this task here, developing a sociology of rights from a sociology of the human body. His blending of empirical research with normative analysis constitutes an important step forward for the discipline of sociology. Like anthropology, sociology has traditionally eschewed the study of justice as beyond the limits of a discipline that pays homage to cultural relativism and the “value neutrality” of positivistic science. Turner’s expanded approach accordingly involves a truly interdisciplinary dialogue with the literature of economics, law, medicine, philosophy, political science, and religion.




In Defense of Human Rights


Book Description

The argument that religion provides the only compelling foundation for human rights is both challenging and thought-provoking and answering it is of fundamental importance to the furthering of the human rights agenda. This book establishes an equally compelling non-religious foundation for the idea of human rights, engaging with the writings of many key thinkers in the field, including Michael J. Perry, Alan Gewirth, Ronald Dworkin and Richard Rorty. Ari Kohen draws on the Universal Declaration of Human Rights as a political consensus of overlapping ideas from cultures and communities around the world that establishes the dignity of humans and argues that this dignity gives rise to collective human rights. In constructing this consensus, we have succeeded in establishing a practical non-religious foundation upon which the idea of human rights can rest. In Defense of Human Rights will be of interest to students and scholars of political theory, philosophy, religious studies and human rights.




Grounding Human Rights in a Pluralist World


Book Description

In 1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights which declared that every human being, without “distinction of any kind,” possesses a set of morally authoritative rights and fundamental freedoms that ought to be socially guaranteed. Since that time, human rights have arguably become the cross-cultural moral concept and evaluative tool to measure the performance—and even legitimacy—of domestic regimes. Yet questions remain that challenge their universal validity and theoretical bases. Some theorists are ”maximalist” in their insistence that human rights must be grounded religiously, while an opposing camp attempts to justify these rights in “minimalist” fashion without any necessary recourse to religion, metaphysics, or essentialism. In Grounding Human Rights in a Pluralist World, Grace Kao critically examines the strengths and weaknesses of these contending interpretations while also exploring the political liberalism of John Rawls and the Capability Approach as proposed by economist Amartya Sen and philosopher Martha Nussbaum. By retrieving insights from a variety of approaches, Kao defends an account of human rights that straddles the minimalist–maximalist divide, one that links human rights to a conception of our common humanity and to the notion that ethical realism gives the most satisfying account of our commitment to the equal moral worth of all human beings.




Human Rights and Natural Law


Book Description




Nature as Reason


Book Description

This noteworthy book develops a new theory of the natural law that takes its orientation from the account of the natural law developed by Thomas Aquinas, as interpreted and supplemented in the context of scholastic theology in the twelfth and thirteenth centuries. Though this history might seem irrelevant to twenty-first-century life, Jean Porter shows that the scholastic approach to the natural law still has much to contribute to the contemporary discussion of Christian ethics. Aquinas and his interlocutors provide a way of thinking about the natural law that is distinctively theological while at the same time remaining open to other intellectual perspectives, including those of science. In the course of her work, Porter examines the scholastics' assumptions and beliefs about nature, Aquinas's account of happiness, and the overarching claim that reason can generate moral norms. Ultimately, Porter argues that a Thomistic theory of the natural law is well suited to provide a starting point for developing a more nuanced account of the relationship between specific beliefs and practices. While Aquinas's approach to the natural law may not provide a system of ethical norms that is both universally compelling and detailed enough to be practical, it does offer something that is arguably more valuable -- namely, a way of reflecting theologically on the phenomenon of human morality.