Human Rights: Moral or Political?

Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are "Political" theorists, who think of human rights as rights that play a distinctive role,...

(展开全部)

Over the past decade or so, philosophical speculation about human rights has tended to fall into two streams. On the one hand, there are "Orthodox" theorists, who think of human rights as natural rights: moral rights that we have simply in virtue of being human. On the other hand, there are "Political" theorists, who think of human rights as rights that play a distinctive role, or set of roles, in modern international politics: setting universal standards of political legitimacy, serving as norms of international concern, and/or imposing limits on the exercise of national sovereignty.

This edited volume explores this disagreement, its underlying sources, and related issues in the philosophy of human rights. Using the Orthodox-Political debate as a springboard for broader reflection, the volume covers a diverse range of questions about: the relevance of the history of human rights to their philosophical comprehension; how to properly understand the relationship between human rights morality and law; how to balance the normative character of human rights - their description of an ideal world - with the requirement that they be feasible in the here and now; the role of human rights in a world shaped by politics and power; and how to reconcile the individualistic and communitarian aspects of human rights.

All chapters are accompanied by useful and probing commentaries, which help to create dialogues throughout the entire volume.

""A rich collection of focussed dialogues — a provocative gift for teaching — in which the lively ferment over human rights in recent years is deepened, often by becoming refreshingly interdisciplinary, and exciting new formulations are proposed by a diverse range of leading scholars."" - Henry Shue, author of Basic Rights (1996)

""The Universal Declaration of Human Rights may be the single most influential document of the twentieth century, but is also one of the most controversial. In Human Rights: Moral or Political? Adam Etinson has brought together more than 30 leading legal, political, historical and philosophical commentators on human rights to discuss one anothers claims. The authors range from those who see human rights as successors to natural rights, so as providing universal moral standards, to those who see human rights as positive legal and political instruments that are changing the international order... this collection is seriously and usefully critical not only on these fundamental issues, but also on knotty questions about specific rights, about principles of legal interpretation and about the limits of juridification."" - Onora O'Neill, author of Justice Across Boundaries: Whose Obligations? (2016) and winner of the 2017 Berggruen Prize

Edited by Adam Etinson, University of St Andrews

Contributors:

Elizabeth Ashford, University of St Andrews

Seyla Benhabib, Yale University

Samantha Besson, University of Fribourg

Annabel Brett, University of Cambridge

Kimberley Brownlee, University of Warwick

Allen Buchanan, Duke University

C.A.J. Coady, University of Melbourne

Rowan Cruft, University of Stirling

Adam Etinson, ...

(展开全部)

Edited by Adam Etinson, University of St Andrews

Contributors:

Elizabeth Ashford, University of St Andrews

Seyla Benhabib, Yale University

Samantha Besson, University of Fribourg

Annabel Brett, University of Cambridge

Kimberley Brownlee, University of Warwick

Allen Buchanan, Duke University

C.A.J. Coady, University of Melbourne

Rowan Cruft, University of Stirling

Adam Etinson, University of St Andrews

Jeffrey Flynn, Fordham University

Andreas Føllesdal, University of Oslo

Rainer Forst, Goethe University Frankfurt

Elizabeth Frazer, University of Oxford

Pablo Gilabert, Concordia University

Peter Jones, Newcastle University

Martti Koskenniemi, University of Helsinki

Mattias Kumm, New York University

Will Kymlicka, Queen's University

George Letsas, University College London

Alex Levitov, Stanford University

Stephen Macedo, Princeton University

Erasmus Mayr, Fiedrich-Alexander University Erlangen-Nüremburg

Samuel Moyn, Harvard University

Vasuki Nesiah, New York University

James W. Nickel, University of Miami

Joseph Raz, Columbia University/King's College London

Andrea Sangiovanni, King's College London

Gopal Sreenivasan, Duke University

John Tasioulas, King's College London

Jeremy Waldron, New York University

Daniel Weinstock, McGill University

Introduction, Adam Etinson
I. THE RELEVANCE OF HISTORY
1: Rights, History, Critique, Martti Koskenniemi
1.1 Doing Without an Original: A Commentary on Martti Koskenniemi, Annabel Brett
2: Human Rights in Heaven, Samuel Moyn
2.1 Philosophizing the Real World of Human Rights: A Reply to Samuel Moyn, John Tasioulas
· · · · · · (更多)

Introduction, Adam Etinson
I. THE RELEVANCE OF HISTORY
1: Rights, History, Critique, Martti Koskenniemi
1.1 Doing Without an Original: A Commentary on Martti Koskenniemi, Annabel Brett
2: Human Rights in Heaven, Samuel Moyn
2.1 Philosophizing the Real World of Human Rights: A Reply to Samuel Moyn, John Tasioulas
2.2 Genealogies of Human Rights: What's at Stake?, Jeffrey Flynn
II. THE ORTHODOX-POLITICAL DEBATE
3: Human Rights: A Critique of the Raz/Rawls Approach, Jeremy Waldron
3.1 On Waldron's Critique of Raz on Human Rights, Joseph Raz
4: Assigning Functions to Human Rights: Methodological Issues in Human Rights Theory, James W. Nickel
4.1 On Being Faithful to the 'Practice': A Response to Nickel, Adam Etinson
5: The Concept of Human Rights: The Broad View, Andrea Sangiovanni
5.1 Human Rights in Context: A Comment on Sangiovanni, Rainer Forst
III. MORALITY AND LAW
6: Taking International Legality Seriously: A Methodology for Human Rights, Allen Buchanan & Gopal Sreenivasan
6.1 Instrumentalism and Human Rights: A Response to Buchanan and Sreenivasan, Erasmus Mayr
7: The Turn to Justification: On the Structure and Domain of Human Rights Practice, Mattias Kumm
7.1 Human Rights and Justification: A Reply to Mattias Kumm, Samantha Besson
8: Appreciating the Margin of Appreciation, Andreas Føllesdal
8.1 The Margin of Appreciation Revisited: A Response to Føllesdal, George Letsas
IV. IDEALS AND THEIR LIMITS
9: Dwelling in Possibility: Ideals, Aspirations, and Human Rights, Kimberley Brownlee
9.1 In What Sense Should Respect for Human Rights Be Attainable? A Response to Brownlee, Rowan Cruft
10: The Nature of Violations of the Human Right to Subsistence, Elizabeth Ashford
10.1 Remarks on Elizabeth Ashford's "The Nature of Violations of the Human Right to Subsistence", Daniel Weinstock
V. THE CHALLENGES OF POLITICS
11: Reflections on Human Rights and Power, Pablo Gilabert
11.1 Reflections on Human Rights and Power: A Commentary, Elizabeth Frazer
12: The Hazards of Rescue, C.A.J. Coady
12.1 The Politics of Humanitarian Morality: Reflections on "The Hazards of Rescue", Vasuki Nesiah
VI. INDIVIDUALS, BORDERS, AND GROUPS
13: Human Rights and Collective Self-Determination, Peter Jones
13.1 Linking Self-Determination and Human Rights: A Comment on Peter Jones, Will Kymlicka
14: Human Rights, Membership, and Moral Responsibility in an Unjust World: The Case of Immigration Restrictions, Alex Levitov & Stephen Macedo
14.1 The Slippery Slope of Statist Cosmopolitanism: A Response to Levitov and Macedo, Seyla Benhabib
· · · · · · (收起)