Philosophy Of Human Rights Hayden Pdf
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For theorists who see human rights as a social construct,the appropriate definition of a human right is open to debate. Theresearchers who advocate a socially constructed view of human rights,including Todd Sandefur, see human rights as a social institution,not an ontology. On their view, the idea of human rights is set upby an intellectual tradition of thinkers who had an interest indetermining how societies ought to be organized (Sandefur 2000, 2005). A key application of this view is that human rightsare personal entitlements that arise from relationships of mutual respectbetween individuals, and international human rights are the rules of conductthat best facilitate the realization of this ideal. This view has alsobeen advanced by David Miller (2012), and by Amartya Sen (1981,1999).
A second example is Michael Blake’s (2002) “universal rights”.On this view, the ideal of human rights is a set of rights that allcommunities should have, and that are distinguished from otherrights in a few ways. It is grounded in the idea of the common good,it is an extension of the just use of force, and it does not includeany “rights of interference” with the fundamental liberties ofothers or obligations to protect them (Blake 2002). Human rightsdo not include the rights to a particular form of government, tocommunal property, to a particular style of religion, to certain formsof social organization, or to land or territory (Blake 2002).
An example of this is Sen’s “liberal rights” (1999). On his view,the ideal of human rights involves the rights to life, liberty, andproperty as well as the rights to equality, non-discrimination, andfreedom from fear. The rights to life and liberty are basic rights, whilesome other rights are “liberal” because they are rights to enjoyenjoyments (Sen 2004). The right to a house, which doesn’tcontribute to the realization of the life and liberty rights, is not aliberal right.
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