Sources of Human Rights
Code of Hammurabi (circa 1800 BCE)
Recognizes some rights for women, children, and slaves.
Cyrus Cylinder (539 BCE)
Documents abolition of slavery and promotion of religious freedom.
Historical Context
Foundation for human rights in Western tradition emerges from 16th-century debates over the treatment of indigenous peoples.
Bartolomé de Las Casas (1484–1566)
Advocates for self-determination and natural rights of indigenous peoples.
Engaged in debate with Juan Ginés de Sepúlveda concerning the status of indigenous peoples.
Hugo Grotius (1583–1645)
Introduces the notion of inalienable rights; rights can exist independent of the divine.
Emphasizes primary moral necessities (freedom, equality, and peaceful cooperation).
Influence on Government Structure
Governments should protect individual rights rather than dictate them.
Influence of John Locke
Differentiates natural rights from mere self-interest, focusing instead on mutual respect and assistance.
His ideas heavily influenced the American Declaration of Independence (1776).
Declaration emphasizes unalienable rights: life, liberty, and the pursuit of happiness.
Thomas Paine (1737–1809)
Advocates for the individual's right to consent to governance.
His writings influenced subsequent human rights documents, including the Declaration of the Rights of Man and of the Citizen (1789).
Henry David Thoreau (1817–1862)
Proposes civil disobedience in response to unjust laws influencing civil rights movements.
Key Goals and Provisions
Established foundational rights for all individuals, emphasizing freedom from oppression and the right to dignity.
Rights divided into civil/political and economic/social/cultural categories.
Recognizes rights to life, liberty, security, education, and freedom from torture.
Challenges and Critiques
Pushback from various cultures and traditions, particularly in Islam, viewing human rights as secularized Judeo-Christian ethics.
Tensions between different rights claims, such as freedom of speech vs. public safety.
Two Dimensions of Justice
Distributive Justice
Theories of Just Desert
Based on merit, need, or contribution to society.
Equality of Treatment
Legal equality and equal distribution of resources as key principles.
John Rawls’ Theory of Justice (A Theory of Justice, 1971)
Introduces the “original position” and the “veil of ignorance” to establish principles of justice as fairness.
Proposes two key principles:
Equal basic liberties for all.
Social and economic inequalities are permissible only if they benefit the least advantaged.
Robert Nozick’s Entitlement Theory
Critiques patterns of distribution imposed by societal constructs, advocating for individuals' rights to their legally acquired possessions.
Teleological vs. Deontological Ethics
Explores tensions between outcome-focused (teleological) and duty-focused (deontological) ethical approaches.
Recognition of Excluded Groups
Recent ethical reflections emphasize those historically excluded from societal benefits, highlighting the need for equitable treatment and justice.