Abstract

Beyond Claim‐Rights: Social Structure, Collectivization, and Human Rights

Highlights

  • The Universal Declaration of Human Rights identifies a range of requirements that its authors agreed should be met for every human, out of respect for their inherent dignity (United Nations General Assembly 1948)

  • The Universal Declaration of Human Rights states that the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” and that “it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”

  • This paper has proposed that human rights are individualistically justified priorities of justice, of universal concern, that need not correlate directly with duties

Read more

Summary

Introduction

The Universal Declaration of Human Rights identifies a range of requirements that its authors agreed should be met for every human, out of respect for their inherent dignity (United Nations General Assembly 1948). The account proposed here avoids restricting what can be recognized as a significant, normative requirement of universal concern that should be socially guaranteed for individuals everywhere, and which should take relative priority over most other concerns (the role that human rights have come to play in contemporary discourse) on the basis of what can currently be achieved for every contemporary human without the development of new agencies. The paper challenges those who favor a Hohfeldian claim-right approach to human rights to take up one of the following options. Second option: come up with a justification for the prioritization of the individualistically justified requirements of justice their accounts do recognize over basic requirements of social justice, that should be secured for individuals everywhere, that currently require collectivization to be achieved for every contemporary human

Preliminaries
Structure
Human Rights Discourse
Hohfeldian Claim-Rights
Interpersonal Accounts
Problem
Analysis
Governmental Accounts
Responses
Beyond Claimability
Social Structural Standards
Non-Correlative Collectivization Duties
Objections
Findings
Conclusion
Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call