Humanist and Political Perspectives on Human Rights

Political Theory 39 (4):439-467 (2011)
  Copy   BIBTEX

Abstract

This essay explores the relation between two perspectives on the nature of human rights. According to the "political" or "practical" perspective, human rights are claims that individuals have against certain institutional structures, in particular modern states, in virtue of interests they have in contexts that include them. According to the more traditional "humanist" or "naturalistic" perspective, human rights are pre-institutional claims that individuals have against all other individuals in virtue of interests characteristic of their common humanity. This essay argues that once we identify the two perspectives in their best light, we can see that they are complementary and that in fact we need both to make good normative sense of the contemporary practice of human rights. It explains how humanist and political considerations can and should work in tandem to account for the concept, content, and justification of human rights.

Other Versions

No versions found

Similar books and articles

On global justice.Mathias Risse - 2012 - Princeton: Princeton University Press.
Human rights, or citizenship?Paulina Tambakaki - 2010 - New York: Birkbeck Law Press.
Human Rights, African Perspectives.Thaddeus Metz - 2011 - In Deen K. Chatterjee, Encyclopedia of Global Justice. Springer. pp. 501-05.
Reconceptualizing human rights.Marcus Arvan - 2012 - Journal of Global Ethics 8 (1):91-105.
The rights of God: Islam, human rights, and comparative ethics.Irene Oh - 2007 - Washington, D.C.: Georgetown University Press.
The Idea of Human Rights.Charles R. Beitz - 2009 - Oxford, GB: Oxford University Press.

Analytics

Added to PP
2010-05-13

Downloads
724 (#80,459)

6 months
52 (#165,018)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Pablo Gilabert
Concordia University

Citations of this work

Human Rights: Moral or Political?Adam Etinson - 2018 - Oxford, United Kingdom: Oxford University Press. Edited by Adam Etinson.
Justice and Beneficence.Pablo Gilabert - 2016 - Critical Review of International Social and Political Philosophy 19 (5):508-533.
Dignity at Work.Pablo Gilabert - 2018 - In Hugh Collins, Gillian Lester & Virginia Mantouvalou, Philosophical Foundations of Labour Law. Oxford, United Kingdom: Oxford University Press. pp. 68-86.

View all 34 citations / Add more citations

References found in this work

Minimalism about human rights: The most we can hope for?Joshua Cohen - 2004 - Journal of Political Philosophy 12 (2):190–213.
Mediating duties.Henry Shue - 1988 - Ethics 98 (4):687-704.
Are Human Rights Mainly Implemented by Intervention?James W. Nickel - 2008 - In Rex Martin & David A. Reidy, Rawls's Law of Peoples: A Realistic Utopia. Malden, MA: Wiley-Blackwell. pp. 263–277.
On Human Rights. [REVIEW]Mark Hannam - 2008 - Democratiya 15:115-122.

Add more references