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What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) |
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In The Heart of Human Rights, Allen Buchanan emphasizes the distinction between moral human rights (MHRs) on the one hand and international legal human rights (ILHRs) on the other. MHRs are the moral rights held universally by all humans simply in virtue of being human. ILHRs are the legal rights of international practice, which are articulated in the United Nations’ International Bill of Rights and related legal documents. One of the most controversial aspects of Buchanan’s account of human rights is (...) |
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The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...) |
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In ‘Human Fallibility and the Need for Forgiveness’, Claudia Blöser has proposed a Kantian account of our reasons to forgive that situates our moral fallibility as their ultimate ground. Blöser argues that Kant’s duty to be forgiving is grounded on the need to be relieved from the burden of our moral failure, a need that we all have in virtue of our moral fallible nature, regardless of whether or not we have repented. Blöser claims that Kant’s proposal yields a plausible (...) No categories |
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What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) |
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Is it justified to hold that an agent S has a (moral) right to P if the duty-bearer is not specified? There is an intense ongoing debate on this question. There are two positions in the literature. On the one hand, O´Neill´s much-discussed account of rights holds that it is justified to say that an agent S has a right to P if and only if the duty-bearer is sufficiently determined – i.e. if and only if it is clear against (...) |
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I attempt first to disentangle three aspects of Kant’s distinction between perfect and imperfect duty. There is the central distinction between principles of duty contrary to that which is contradictory in conception/consistent in conception but contradictory in will. There is also a distinction between essential and non-essential duties: those which cannot, or occasionally can, be passed over consistent with the requirements of morality. Finally, there is a distinction between duties that exhibit a scalar aspect – degrees of goodness or virtue (...) |
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In this article I maintain that when employers could free workers from the space constraint of the office without incurring unbearable economic losses, it is morally wrong not to grant workers the possibility to work remotely, as this violates the humanity formulation of Kant’s categorical imperative. The article therefore aims to contribute to the development of Kantian business ethics, taking into account a series of empirical evidence gathered in the wake of the Covid-19 pandemic. I firstly discuss the Kantian concept (...) |
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A standard objection to socioeconomic human rights is that they are not claimable as human rights: their correlative duties are not owed to each human, independently of specific institutional arrangements, in an enforceable manner. I consider recent responses to this ‘claimability objection,’ and argue that none succeeds. There are no human rights to socioeconomic goods. But all is not lost: there are, I suggest, human rights to ‘socioeconomic consideration’. I propose a detailed structure for these rights and their correlative duties, (...) |
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Negative duties are duties not to perform an action, while positive duties are duties to perform an action. This article focuses on the question of who holds the positive duties correlative to human rights. I start by outlining the Universal Scope Thesis, which holds that these duties fall on everyone. In its support, I present an argument by analogy: positive and negative duties correlative to human rights perform the same function; correlative negative duties are generally thought to be universal; by (...) |
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