Eric D. Blumenson (Suffolk University Law School) has posted Why Human Rights? A Philosophical Guide on SSRN. Here is the abstract:
The pdf is part of the introduction to the book Why Human Rights? A Philosophical Guide (Routledge, 2024). The book addresses universal human rights as moral mandates – rights to justice that all persons have by virtue of their humanity alone. These are not the legal rights of statutes and treaties, but moral rights of the kind Gandhi, King, and Mandela invoked to oppose unjust laws. All such rights presuppose three claims: (1) that some duties of justice apply universally, (2) that all human beings have equal moral significance, and (3) that states must protect or serve certain individual interests regardless of the societal impact of doing so.
Can these three premises be justified? Is the human equality claim, for example, rationally supportable, or is it no less faith-based than hierarchical doctrines like caste? This book explores the case for these foundational claims along with other philosophical controversies pertaining to human rights. Because these issues lie at the heart of moral and political philosophy, readers will also obtain a broad appreciation of these disciplines and their leading theorists, including Mill, Kant, Rawls, Sandel, Nozick, Rorty, and many others. Written in concise, jargon-free language, this book presents a high-relief map of the philosophical issues surrounding human rights.
Recommended.
