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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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On Human Rights (Hardcover)
Loot Price: R2,125
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On Human Rights (Hardcover)
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What is a human right? How can we tell whether a proposed human
right really is one? How do we establish the content of particular
human rights, and how do we resolve conflicts between them? These
are pressing questions for philosophers, political theorists,
jurisprudents, international lawyers, and activists. James Griffin
offers answers in his compelling new investigation of human
rights.
The term "natural right," in its modern sense of an entitlement
that a person has, first appeared in the late Middle Ages. When
during the seventeenth and eighteenth centuries the theological
content of the idea was abandoned in stages, nothing was put in its
place. The secularized notion that we were left with at the end of
the Enlightenment is still our notion today: a right that we have
simply in virtue of being human. During the twentieth century
international law has contributed to settling the question which
rights are human rights, but its contribution has its limits.
The notion of a human right that we have inherited suffers from no
small indeterminateness of sense. The term has been left with so
few criteria for determining when it is used correctly that we
often have a plainly inadequate grasp on what is at issue. Griffin
takes on the task of showing the way towards a determinate concept
of human rights, based on their relation to the human status that
we all share. He works from certain paradigm cases, such as freedom
of expression and freedom of worship, to more disputed cases such
as welfare rights - for instance the idea of a human right to
health. His goal is a substantive account of human rights - an
account with enough content to tell us whether proposed rights
really arerights. Griffin emphasizes the practical as well as
theoretical urgency of this goal: as the United Nations recognized
in 1948 with its Universal Declaration, the idea of human rights
has considerable power to improve the lot of humanity around the
world.
It is our job now - the job of this book - to influence and
develop the unsettled discourse of human rights so as to complete
the incomplete idea.
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