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Philosophical Foundations of Human Rights

Rowan Cruft, S. Matthew Liao, and Massimo Renzo

Abstract

What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers a survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focuses first on the moral grounds of human rights, for example in our dignity, agency, interests or needs. Secondly, it looks at the reciprocal relationship between the moral groundings of human rights and the law and politics of human rights. Thirdly, it discusses specific and topi ... More

Keywords: human right, moral grounds, dignity, agency, feminism, Kant, relativism

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780199688623
Published to Oxford Scholarship Online: June 2015 DOI:10.1093/acprof:oso/9780199688623.001.0001

Authors

Affiliations are at time of print publication.

Rowan Cruft, editor
Senior Lecturer in Philosophy, University of Stirling

S. Matthew Liao, editor
Director of the Bioethics Program and Affiliated Professor of Philosophy, New York University

Massimo Renzo, editor
Associate Professor, University of Warwick

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Contents

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Front Matter

Title Pages

Acknowledgements

Contributors

Abbreviations

The Philosophical Foundations of Human Rights

Rowan Cruft, S. Matthew Liao, and Massimo Renzo

Part I Human Rights’ Foundations

1 On the Foundations of Human Rights

John Tasioulas

2 Response to John Tasioulas

Onora O’Neill

3 Human Rights as Fundamental Conditions for a Good Life

S. Matthew Liao

4 From a Good Life to Human Rights Some Complications

Rowan Cruft

5 Is Dignity the Foundation of Human Rights?

Jeremy Waldron

6 Human Rights, Natural Rights, and Human Dignity

A. John Simmons

7 Personal Deserts and Human Rights

James W. Nickel

8 Can Moral Desert Qualify or Justify Human Rights?

Zofia Stemplowska

9 A Social Ontology of Human Rights

Carol C. Gould

10 Human Rights, Human Dignity, and Power

Pablo Gilabert

Part II Human Rights in Law and Politics

11 Human Rights in the Emerging World Order

Joseph Raz*

12 Joseph Raz on Human Rights A Critical Appraisal

David Miller

13 Why International Legal Human Rights?

Allen Buchanan

14 Human Rights Pragmatism and Human Dignity

David Luban

15 Human Rights and Constitutional Law

Samantha Besson*

16 Specifying Human Rights

Saladin Meckled-Garcia

17 Rescuing Proportionality

George Letsas*

18 Rescuing Human Rights from Proportionality

Guglielmo Verdirame*

Part III Canonical and Contested Human Rights

19 Free Speech as an Inverted Right and Democratic Persuasion*

Corey Brettschneider

20 Free Speech and “Democratic Persuasion”

Larry Alexander

21 Freedom of Religion in a Secular World

Lorenzo Zucca

22 Religious Liberty Conceived as a Human Right

Robert Audi

23 The Right to Security

Liora Lazarus

24 Rights and Security for Human Rights Sceptics

Victor Tadros*

25 Self-determination and the Human Right to Democracy

Thomas Christiano

26 A Human Right to Democracy?

Fabienne Peter

27 The Content of the Human Right to Health

Jonathan Wolff

28 Do We Have a Human Right to the Political Determinants of Health?

Kimberley Brownlee1

29 A Moral Inconsistency Argument for a Basic Human Right to Subsistence

Elizabeth Ashford

30 The Force of Subsistence Rights

Charles R. Beitz

Part IV Human Rights: Concerns and Alternatives

31 The Relativity and Ethnocentricity of Human Rights*

James Griffin

32 Human Needs, Human Rights*

Massimo Renzo

33 Liberty Rights and the Limits of Liberal Democracy

Jiwei Ci

34 Human Rights Without the Human Good?

Simon Hope

35 Care and Human Rights

Virginia Held

36 Care and Human Rights

Susan Mendus

37 Human Rights in Kantian Mode

Katrin Flikschuh

38 Why there Cannot be a Truly Kantian Theory of Human Rights

Andrea Sangiovanni

End Matter

Index