Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

"We hold these truths to be self-evident..." So begins the U.S. Declaration of Independence. What follows those words is a ringing endorsement of universal rights, but it is far from self-evident. Why did the authors claim that it was? William Talbott suggests that they were trapped by a presupposition of Enlightenment philosophy: That there was only one way to rationally justify universal truths, by proving them from self-evident premises. With the benefit of hindsight, it is clear that the authors of (...) the U.S. Declaration had no infallible source of moral truth. For example, many of the authors of the Declaration of Independence endorsed slavery. The wrongness of slavery was not self-evident; it was a moral discovery. In this book, William Talbott builds on the work of John Rawls, Jurgen Habermas, J.S. Mill, Amartya Sen, and Henry Shue to explain how, over the course of history, human beings have learned how to adopt a distinctively moral point of view from which it is possible to make universal, though not infallible, judgments of right and wrong. He explains how this distinctively moral point of view has led to the discovery of the moral importance of nine basic rights. Undoubtedly, the most controversial issue raised by the claim of universal rights is the issue of moral relativism. How can the advocate of universal rights avoid being a moral imperialist? In this book, Talbott shows how to defend basic individual rights from a universal moral point of view that is neither imperialistic nor relativistic. Talbott avoids moral imperialism by insisting that all of us, himself included, have moral blindspots and that we usually depend on others to help us to identify those blindspots. Talbott's book speaks to not only debates on human rights but to broader issues of moral and cultural relativism, and will interest a broad range of readers. (shrink)

It is always awkward when someone asks me informally what I’m working on and I answer that I’m trying to figure out what gender is. For outside a rather narrow segment of the academic world, the term ‘gender’ has come to function as the polite way to talk about the sexes. And one thing people feel pretty confident about is their knowledge of the difference between males and females. Males are those human beings with a range of familiar primary and (...) secondary sex characteristics, most important being the penis; females are those with a different set, most important being the vagina or, perhaps, the uterus. Enough said. Against this background, it isn’t clear what could be the point of an inquiry, especially a philosophical inquiry, into “what gender is”. (shrink)

Theorists analyzing the concepts of race and gender disagree over whether the terms refer to natural kinds, social kinds, or nothing at all. The question arises: what do we mean by the terms? It is usually assumed that ordinary intuitions of native speakers are definitive. However, I argue that contemporary semantic externalism can usefully combine with insights from Foucauldian genealogy to challenge mainstream methods of analysis and lend credibility to social constructionist projects.

RÉSUMÉ: Cet article étudie deux contextes français dans lesquels les voiles musulmans sont devenus hypervisibles: le débat public qui a mené à la loi française de 2004 interdisant les signes religieux ostensibles dans les écoles publiques, et le projet colonial français de dévoiler les femmes algériennes. Je montre comment le concept de « l’oppression de genre » s’est naturalisé au voile musulman d’une telle manière qu’il justifie les normes de féminités occidentales et cache le mécanisme par lequel les femmes musulmanes (...) sont racialisées. C’est ainsi que le voile devient le point de mire d’un racisme culturel qui se présente comme libérant les femmes musulmanes, un racisme qui semble poser un dilemme au féminisme. -/- // ABSTRACT: This paper examines two French contexts in which Muslim veils have become hypervisible as centres of contention: the public debate that led to the recent French law banning conspicuous religious signs in public schools and the French colonial project to unveil Algerian women. I ask how the concept of gender oppression comes to be naturalized to the Muslim veil in such a way as to simultaneously justify Western norms of femininity and hide the process by which Muslim women are racialized. It is in this way, I argue, that the “veil” becomes the focal point for a form of cultural racism that presents itself as saving Muslim women, and that it can be construed to pose a dilemma to feminism. (shrink)

This essay discusses human rights from the standpoint of five outlooks dominant in our time by imaging five stylist ideal-typical countries. First, three countries in which the principle of defending human rights is unknown: Utilitaria, Communitaria and Proletaria. Each rejects human rights for a distinct set of reasons: the first because they conflict with utilitarian calculation, the second because they abstract from correct ways of living, the third because they soften hearts and are superfluous in a classless world. Accepting human (...) rights means departing from each of these standpoints in a given respect. First, we restrain the pursuit of social advantage, however enlightened or benevolent that pursuit. Second, we accept and protect the abstraction or distance of persons from specific, concrete ways of life. Third, we hold that the conditions of human life will never surmount scarcity, conflict of interests, moral divergences and limited rationality to render human rights superfluous. Next, two further countries are imagined in which human rights might be said to be respected: Libertaria and Egalitaria. The first represents a context of market freedoms, property rights, equal opportunity and civil rights but generates basic inequalities of condition and the sanctification of self-interest. The second is committed to rendering civil rights of equal worth to all and maintaining decent minimum standards for all, while striving for growth and improvement. But is Egalitaria feasible and viable? The incentives needed for growth give rise to inequalities, and the ideal of equal individual treatment conflicts with the communitarian goal of treating cultural identities as equal. These difficulties lead some away from Egalitaria back to Libertaria or Communitaria, but the essay concludes by suggesting that there is an »egalitarian plateau« that should not be abandoned for any of the other four possibilities. (shrink)

Western moral and political theorists have devoted much attention to the victimization of women by non-western cultures. But, conceiving injustice to poor women in poor countries as a matter of their oppression by illiberal cultures yields an imcomplete understanding of their situation.

In this chapter, Talbott explains how the Proof paradigm, a model of top-down reasoning, has led to a serious misunderstanding of how moral judgments are epistemically justified. Talbott develops an alternative equilibrium model of moral reasoning based on the work of Mill, Rawls, and Habermas and uses it to show how bottom-up reasoning could have led to the discovery of human rights. Talbott uses the U.S. Constitution to illustrate the idea that guarantees of basic human rights are components of a (...) self-improving self-regulating system for promoting justice. The system does not have to begin with self-evident or even true principles of justice. Bottom-up reasoning can lead to changes that make it more just over time. (shrink)

Nationalism is often dismissed today as an irrational political creed with disastrous consequences. Yet most people regard their national identity as a significant aspect of themselves, see themselves as having special obligations to their compatriots, and value their nation's political independence. This book defends these beliefs, and shows that nationality, defined in these terms, serves valuable goals, including social justice, democracy, and the protection of culture. National identities need not be illiberal, and they do not exclude other sources of personal (...) identity, such as ethnicity or religion. An ethics that gives weight to special relationships is more effective in motivating people to pursue justice and other values because it connects peoples’ duties to their identity; but this is consistent with recognizing some universal values, such as human rights. There are strong reasons for making the boundaries of states and nations coincide wherever possible, but in other cases, nations can achieve forms of self‐determination that fall short of full sovereignty. Multicultural arguments in favour of identity politics and special rights for minority groups ignore the benefits that such groups derive from participating in a shared national identity and the kind of democratic politics that such an identity makes possible. Although national identities are often said to be in decline in an increasingly globalized world, they serve such important purposes that our aim should be to rebuild them in a form that makes them more accessible to excluded cultural minorities. (shrink)

In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice.

For them, citizenship is by definition a matter of treating people as individuals with equal rights under the law. This is what distinguishes democratic citizenship from feudal and other pre-modern views that determined people's political status by ...

Abstract The liberalism of fear urged by Judith Shklar emphasizes the dangers of political violence, cruelty, and humiliation. Those dangers clearly mark ethnic and cultural conflicts, so the liberalism of fear is an especially appropriate political ethic for an age marked by such conflicts. A multiculturalism of fear keeps its attention on those central political dangers while also noting that some kinds of cruelty and humiliation might not be appreciated without reference to the larger ethnic and cultural context, and that (...) treating ethnicity and culture as completely outside of politics is not the best way to prevent cruelty. (shrink)

This essay serves as both a response and embellishment of Marilyn Frye's now classic essay " Oppression." It is meant to pick up where this essay left off and to make connections between oppression, as Frye defines it, and the privileges that result from institutional structures. This essay tries to clarify one meaning of privilege that is lost in philosophical discussions of injustice. I develop a distinction between unearned privileges and earned advantages. Clarifying the meaning of privilege as unearned structural (...) advantage makes visible the role white privilege plays in maintaining complex systems of domination such as racism, sexism, heterosexism and classism. Using a critical reading of both Frye and Young's accounts of oppression as a springboard, I develop a definition of privilege as a particular class of unearned advantages. -/- I distinguish my account of privilege from standard legal and philosophical definitions of privilege. The general distinction I make between privileges and advantages rests on three interrelated claims: that benefits granted by privilege are always unearned and conferred systemically to members of dominant social groups; that privileges granted to members of dominant groups solely on the basis of their membership in these groups is never justifiable; and, that privileges have an unconditional value that can be explained not only in terms of immunities, but also in terms of additional benefits. (shrink)

This book offers a persuasive new argument for reconciling the tensions that arise when liberal democratic states try to protect two important kinds of equality: sexual equality and cultural equality.

"This is a most timely, intelligent, well-written, and absorbing essay on a central and painful social and political problem of out time."--Sir Isaiah Berlin"The major achievement of this remarkable book is a critical theory of nationalism, worked through historical and contemporary examples, explaining the value of national commitments and defining their moral limits. Tamir explores a set of problems that philosophers have been notably reluctant to take on, and leaves us all in her debt."--Michael WalzerIn this provocative work, Yael Tamir (...) urges liberals not to surrender the concept of nationalism to conservative, chauvinist, or racist ideologies. In her view, liberalism, with its respect for personal autonomy, reflection, and choice, and nationalism, with its emphasis on belonging, loyalty, and solidarity are not irreconcilable. Here she offers a new theory, "liberal nationalism," which allows each set of values to accommodate the other. Tamir sees nationalism as an affirmation of communal and cultural memberships and as a quest for recognition and self-respect. Persuasively she argues that national groups can enjoy these benefits through political arrangements other than the nation-state. While acknowledging that nationalism places members of national minorities at a disadvantage, the author offers guidelines for alleviating the problems involved using examples from currents conflicts in the Middle East and in Eastern Europe.Liberal Nationalismis an impressive attempt to tie together a wide range of issues often kept apart: personal autonomy, cultural membership, political obligations, particularity versus impartiality in moral duties, and global justice. Drawing on material from disparate fields--including political philosophy, ethics, law, and sociology--Tamir brings out important and previously unnoticed interconnections between them, offering a new perspective on the influence of nationalism on modern political philosophy. (shrink)

I analyze the relation between deliberative democracy and trust through the lens of epistemic justice. I argue for three main claims: (i) the deliberative impasse dividing majority and minority groups in many democracies is due to a particular type of epistemic injustice, which I call ‘hermeneutical domination’; (ii) undoing hermeneutical domination requires epistemic trust; and (iii) this epistemic trust is supported by the three deliberative democratic requirements of equality, legitimacy, and accountability. In arguing for those claims, I contribute to the (...) conceptualization of both epistemic injustice and domination, as well as to discussions of trust and deliberative democracy. (shrink)