Far from Obvious

Abstract

The chapter discusses influential justificatory theories of human rights and critically assesses their merits. These include sociological theories of human rights (Luhmann), the economic analysis of rights, behavioral law and economics, utilitarian theories of rights, discourse theory (Habermas, Forst, Günther, Wingert), social contract theory (e.g. Rawls, Scanlon), theories that base human rights on human agency, need or interests (Griffin, Tasioulas), the capability approach (Sen, Nussbaum), political conceptions inspired by Rawls’ thought (Beitz) and the eudemonistic approach interpreting human rights as expressions of dignity and authenticity and a life lived well (Dworkin). As a result, it concludes that a theory of human rights has to include the following three elements: first, a theory of human goods that specifies what human rights legitimately aim to protect; second, a political theory of why human rights secure these goods for individuals in human societies; and third, normative principles that determine the normative yardstick for the protection of human goods by human rights in human societies.