Why Human Rights?: A Philosophical Guide explores the three fundamental philosophical claims underlying the moral idea of human rights:
(1) Universal justice, and objections to it on relativist and diversity grounds. This question is integral to many human rights claims regarding, for example, gender discrimination, caning punishments, and child marriages in traditional societies, all of which assume justice can be global, not only local.
(2) Human equality, and hierarchical moral status claims like caste. Moral status claims are also central to current controversies over abortion, assisted suicide, and animal rights, among others.
(3) Individual rights, and collectivist counterclaims from utilitarians and communitarians -- a debate reflected in the post 9-11 argument over American reliance on torture-enhanced interrogation.
Because these issues lie at the heart of moral and political philosophy, readers will also obtain a broad appreciation of these disciplines and its 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 foundations of the human rights idea at a time of mushrooming illiberal challenges to it.
ACKNOWLEDGEMENTS; INTRODUCTION; PART 1: UNIVERSALITY, RELATIVISM, AND DIVERSITY: Chapter 1. How are human rights universal?; Chapter 2. Relativist objections; Chapter 3. Diversity and indeterminacy; Chapter 4. The limits of skepticism; PART II: HUMAN EQUALITY AND MORAL HIERARCHIES: Chapter 5. Human moral equality: the claim and its challenges; Chapter 6. Theories of moral considerability; PART III: INDIVIDUAL RIGHTS AND COLLECTIVE INTERESTS: Chapter 7. The domain of rights; Chapter 8. Justifying rights; Chapter 9. Liberty, equality, and community: complements or competitors?; Appendix A; Appendix B; Appendix C; REFERENCES; NOTES; INDEX.
Biography
Eric Blumenson is a Research Professor at Suffolk University Law School in Boston, Massachusetts. He writes in the fields of international human rights, criminal law, and moral philosophy.
“In this remarkable book, Blumenson tackles the hard questions surrounding human rights and universality, human dignity, and the tension between individual rights and communitarian perspectives. Students will be particularly grateful for the clarity and balance of his fresh approach to the more vexing conflicts posed by common claims of moral imperatives in a field where consensus is hard to come by.” -- Michael Meltsner, Northeastern University Law School
"Whether or not you have pondered the issue of human rights, Eric Blumenson’s book is for you. In this remarkable work, Blumenson surveys and critiques the major schools of philosophical thought and then puts forth his own powerful synthesis." – Howard Gardner, Harvard University
“What are universal human rights? Can they be justified? In this highly engaging, powerfully argued, wide-ranging book, Eric Blumenson provides a superb overview of the relevant philosophical issues and develops trenchant critiques of competing philosophical views. For scholars and students interested in the theoretical foundations of universal human rights, this book is replete with penetrating insights and is also a true pleasure to read.”—Kenneth W. Simons, University of California, Irvine
“Reconciling the philosophical foundations of moral status and the equality of persons with the broader, substantive application and understanding of human rights is an incredibly ambitious and difficult task. Blumenson takes up this project (and more) in a clear, compelling, rigorous, and honest way. I can't recommend this book highly enough for those with an interest in human rights and all that is required to best understand and defend them.” — John Basl, Northeastern University
