Reflections on the Foundations of Human Rights

Download Edit this record How to cite View on PhilPapers
Is there an approach to human rights that justifies rights-allocating moral-political principles as principles that are equally acceptable by everyone to whom they apply, while grounding them in categorical, reasonably non-rejectable foundations? The paper examines Rainer Forst’s constructivist attempt to provide such an approach. I argue that his view, far from providing an alternative to “ethical” approaches, depends for its own reasonableness on a reasonably contestable conception of the good, namely, the good of constitutive discursive standing. This suggests a way in which constructivism about human rights might be able to coherently and plausibly negotiate the tension between the scope, the depth and the strength of discursive inclusion: the justification of rights-allocating moral-political principles needs to be premised on an “ethical”, perfectionist defense of the good of constitutive discursive standing.
PhilPapers/Archive ID
Upload history
First archival date: 2011-09-02
Latest version: 14 (2013-08-04)
View other versions
Added to PP index

Total views
1,507 ( #2,810 of 65,771 )

Recent downloads (6 months)
69 ( #11,042 of 65,771 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.