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The Heart of Human Rights$
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Allen Buchanan

Print publication date: 2013

Print ISBN-13: 9780199325382

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199325382.001.0001

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A Pluralistic Justificatory Methodology for Human Rights

A Pluralistic Justificatory Methodology for Human Rights

(p.50) Chapter 2 A Pluralistic Justificatory Methodology for Human Rights
The Heart of Human Rights

Allen Buchanan

Oxford University Press

This chapter begins to make the case for rejecting the assumption that justified legal human rights must correspond to (or at least help to realize) preexisting moral human rights and makes the case instead for a pluralistic justificatory strategy—one that recognizes that international legal human rights, like legal rights generally, can be justified on the basis of a several different types of moral considerations, of which the need to realize preexisting moral rights is only one. It shows that some of the most prominent contributors to the contemporary philosophical literature on human rights have made unwarranted assumptions about the relationship between moral and legal human rights and that doing so has led them to an inadequate conception of the task of justifying the international legal human rights system.

Keywords:   egalitarian, default duties, functions, pluralistic justificatory methodology, primary duties, task of justification, well-being

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