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Books > Law > Jurisprudence & general issues > Legal profession > Legal ethics & professional conduct
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On Human Rights (Paperback)
Loot Price: R1,167
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On Human Rights (Paperback)
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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 the
foundations of human rights.
First, On Human Rights traces the idea of a natural right from its
origin in the late Middle Ages, when the rights were seen as
deriving from natural laws, through the seventeenth and eighteenth
centuries, when the original theological background was
progressively dropped and 'natural law' emptied of most of its
original meaning. By the end of the Enlightenment, the term "human
rights" (droits de l'homme) appeared, marking the purge of the
theological background. But the Enlightenment, in putting nothing
in its place, left us with an unsatisfactory, incomplete idea of a
human right.
Griffin shows how the language of human rights has become debased.
There are scarcely any accepted criteria, either in the academic or
the public sphere, for correct use of the term. He 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 are
rights. 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.
We can't do without the idea of human rights, and we need to get
clear about it. 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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