Approaching Human Rights Law Philosophically: Reflections on Allen Buchanan, The Heart of Human Rights

Law and Philosophy 36 (2):169-190 (2017)
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Abstract

I begin by summarizing some of the main features of Buchanan’s account. I argue next that his account gets no support from defeating his envisaged opponent, the Mirroring View of human rights. Then I discuss some general ideas about the concept and different conceptions of human rights before introducing my own conception and explaining why I think it has certain advantages over Buchanan’s. In particular, my account is better suited for the intellectual engagement with China that philosophers should contribute to and whose centrality Buchanan recognizes.

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Mathias Risse
Harvard University

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Elements of a theory of human rights.S. E. N. Amartya - 2004 - Philosophy and Public Affairs 32 (4):315–356.
Elements of a Theory of Human Rights.Amartya Sen - 2004 - Philosophy and Public Affairs 32 (4):315-356.
Rights, goals, and fairness.T. M. Scanlon - 1977 - Erkenntnis 11 (1):81 - 95.

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