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Theories on Human Rights

R. Herlambang Perdana Wiratraman Faculty of Law, Airlangga University Surabaya, 8 October 2013. Theories on Human Rights . Aims of Course. The development of human rights thoughts Theoretical approach to human rights The concept of justice The concept of law and human rights .

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Theories on Human Rights

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  1. R. Herlambang Perdana Wiratraman Faculty of Law, Airlangga University Surabaya, 8 October 2013 Theories on Human Rights

  2. Aims of Course • The development of human rights thoughts • Theoretical approach to human rights • The concept of justice • The concept of law and human rights

  3. References • Heard, Andrew (1997) Human Rights: Chimerasin Sheep’s Clothing? www.sfu.ca • Donnelly, Jack (1989) Universal Human Rights inTheory and Practice. Ithaca: Cornell University Press.

  4. Theory, what is that? • „An analysis of facts which are connected each other • One thing that makes sense or scientifically acceptable general principle or the principle of building that offers an explanation for the phenomenon

  5. Theoretical approach to human rights • Libertarian Robert Nozick, Anarchy, State, and Utopia (New York: Basic Books, 1974), Ronald Dworkin, Taking Rights Seriously (Cambridge: John Rawls’ A Theory of Justice, & John Rawls’ A Theory of Justice (Cambridge: Harvard University Press, 1971) • Utilitarian David Lyons’ "Utility and Rights," Nomos XXIV: Ethics, Economics and the Law (New York: New York University Press, 1982), Russell Hardin’s "The Utilitarian Logic of Liberalism," Ethics, 97, 1 (October, 1986), 47-74, Richard B. Brandt’s Morality, Utilitarianism, and Rights (Cambridge: Cambridge University Press, 1992)

  6. Naturalist Richard Tuck, Natural Rights Theories: Their Origin and Development (Cambridge: Cambridge University Press, 1979) & James W. Nickel, Making Sense of Human Rights (Berkeley: University of California Press, 1987). • “Human rights represent a social choice of a particular moral vision of human potentiality, which rests on a particular substantive account of the minimum requirements of a life of dignity” (Donelly 1989: 17)

  7. Approach to rights (1) • How do you see rights perspective from this pic. ? • Is there rights for street vendor?

  8. Approach to rights (2) • And, how about this children? • Is there rights for a child?

  9. Marxian approach to human rights • Marx denounced rights as a fabrication of bourgeois society • ‘Market friendly human rights’ (Baxi 2002)

  10. Poverty cycle? • Rights based approach: ‘entitled vs. given?’

  11. Claim Rights • The most common interpretation given to the `right' in human rights is that of claim-rights. There is a defined benefit to which individuals are entitled, and there is a correlative duty on others in relation to that benefit. • This tendency may be partly due to the increasing codification of human rights into legal documents. • It is far more efficacious if human rights are conceived of as claimrights, because those who are deprived of their rights may arguethat others (usually their government) must be compelled to fulfill a duty to provide the benefit.

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