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The idea of human rights

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Human rights are norms that aspire to protect all people everywhere from severe political, legal, and social abuses. Examples of human rights are the right to freedom of religion, the right to a fair trial when charged with a crime, the right not to be tortured, and the right to education. The philosophy of human rights addresses questions about the existence, content, nature, universality, justification, and legal status of human rights. The strong claims often made on behalf of human rights (for example, that they are universal, inalienable, or exist independently of legal enactment as justified moral norms) have frequently provoked skeptical doubts and countering philosophical defenses (on these critiques see Lacrois and Pranchere 2016, Mutua 2008, and Waldron 1988). Reflection on these doubts and the responses that can be made to them has become a sub-field of political and legal philosophy with a very substantial literature. This section attempts to explain the general idea of human rights by identifying four defining features. The goal is to answer the question of what human rights are with a description of the core concept rather than a list of specific rights. Two people can have the same general idea of human rights even though they disagree about which rights belong on a list of such rights and even about whether universal moral rights exist. The four-part explanation below attempts to cover all kinds of human rights including both moral and legal human rights and both old and new human rights (e.g., both Lockean natural rights and contemporary human rights). The explanation anticipates, however, that particular kinds of human rights will have additional features. Starting with this general concept does not commit us to treating all kinds of human rights in a single unified theory (see Buchanan 2013 for an argument that we should not attempt to theorize together universal moral rights and international legal human rights)

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Availability

KP.1 000212

KP.1 BEI i

My Library

Available

Detail Information

Series Title

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Call Number

KP.1 BEI i

Publisher

New York : Oxford University Press., 2009

Collation

xiii, 235 hlm. ; 23 cm.

Language

English

ISBN/ISSN

978-0-19-957245-8

Classification

KP.1

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Hak asasi manusia
HAM
Human rights

Specific Detail Info

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