Philosophy of Human Rights EXAM 1 DIFFICULTIES

ARISTOTLE

• eudemonia

• golden mean

HOBBES

• conflict arises out of nature/equality

• society comes from fear of death

• law of nature - defend but respect

• laying down a right = renounce

• commonwealth = restrictions

LOCKE

• law of nature and natural state

• property of each human = Earth, non-humans, oneself, one’s own labor (slavery = impossible)

• political power cannot be enacted without consent

ROUSSEAU

• slavery = immoral, null, and like killing

• State cannot force conformity

• Subjects still retain some liberties independent of the state

• Duty only arises out of mutuality.

BURKE

• Agrees with Plato - role to play

• Average citizen ≠ fit to govern

• Disagrees with Rousseau

• legislators should use personal judgement

PAINE

• disagrees with burke

• advocated for democracy

• natural rights - freedom of thought, happiness, etc.

• civil rights - security, etc; protected by government 

KANT

• Categorical Imperative = an objective, innate, and necessary action (universal)

• Deontology

• The government must ensure the rights of the citizens, and the citizens must protect the freedom of others.

• Giving up freedoms in exchange for others

GEWIRTH

• Rights and community support each other

• Advocates for free market, personal freedom, and voluntary contracts. 

• Opposes governmental intervention except in cases of fraud, force, or economic instability.

• Action → need for community (most efficient way to achieve success)

• Principle of General Consistency (PGC)

  • You act for a purpose (good)

  • Freedom and well-being are needed to fulfill purpose

  • You claim freedom and well-being

  • You must apply this to all other agents (your right to freedom and well-being is simply due to your humanity, which can apply to anyone)

• Violation of Human Rights - starvation, discrimination, lying, and poor working conditions.

HART

• With the existence of moral rights, there exists a single natural right to liberty

• Rights = benefiting from others’ duties 

  • Rights with no duties = liberties

  • (i.e.) $10 bill on the ground with two people approaching

• When duties are not fulfilled, rights are violated

• Special rights = justification for the interference with someone else’s freedom

• Special liberties = when one is exempt from obligations, but does not acquire the right

FEINBERG

• Nowheresville - no one has rights

• One must claim rights to exercise rights

• “Making a claim” = to demand as due

• “Claiming that” = asserting the possession of rights

• “Having a claim” = being in the position to claim

• Rights = valid claims

• The citizens of Nowheresville are not able to claim rights; they are devoid of human rights/dignity.

POGGE

• 3 concepts of moral concerns

  • Weighty = important

  • Unrestricted = universally relevant

  • Broadly shareable = understood by all groups

• The violation of natural rights is the wronging of the right-holder

• Official moral wrongs are worse than private moral wrongs

• The duty not to participate in or impose an unjust institutional order

• Citizens must be vigilant and hold the government accountable