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Philosophical Foundations of Human Rights$
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Rowan Cruft, S. Matthew Liao, and Massimo Renzo

Print publication date: 2015

Print ISBN-13: 9780199688623

Published to Oxford Scholarship Online: June 2015

DOI: 10.1093/acprof:oso/9780199688623.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 October 2021

Why International Legal Human Rights?

Why International Legal Human Rights?

Chapter:
(p.244) 13 Why International Legal Human Rights?
Source:
Philosophical Foundations of Human Rights
Author(s):

Allen Buchanan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199688623.003.0014

This chapter addresses a question that has been neglected by philosophers: What justification, if any, is there for having a system of international legal human rights (ILHRs)? It considers three arguments for having an ILHR system similar to the one that exists: first, the benefits of having an ILHR system; secondly, international legal human rights as a necessary condition for the justifiability of the international order; and, finally, the special obligation of states to support the system of international legal human rights. Taken by themselves, the three arguments do not show that having such a system is justified or a good thing, all things considered. To establish that stronger claim, one would have to consider the other side of the ledger: the considerations that count against having such a system.

Keywords:   international legal human rights, justification, international order, state obligation

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