Abstract

The work of T.H. Green provides a justificatory argument for human rights which is a powerful alternative to the still prevailing account of rights, which sees them as somehow tied to human nature and argues that humans have rights qua humans, and independent of society. Green's account of rights turns on the process of social recognition. However, the precise mechanism for recognition is left slightly ambiguous. This paper argues that recognition in Green can be usefully divided into two stages, 'recognition of persons' and 'recognition of rights'. It will be argued that the two are separate and that the first is a necessary prerequisite for the second. Recognition of persons is the recognition of moral action based on the use of language; recognition of rights occurs in societies of persons and is the dialogical recognition of certain rights claims