Skip to main content Accessibility help
×
Home
Hostname: page-component-55597f9d44-xbgml Total loading time: 0.247 Render date: 2022-08-16T08:20:23.631Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true } hasContentIssue true

The Global Status of Human Rights

Published online by Cambridge University Press:  28 February 2017

Amartya Sen*
Affiliation:
Harvard University

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Thirteenth Annual Grotius Lecture
Copyright
Copyright © American Society of International Law 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 2 Rousseau, Jean-Jacques, Political Writings 147 (Vaughan, C.E. ed., 1915)Google Scholar.

2 I have tried to explore this and related issues in my essay, Elements of a Theory of Human Rights, 32 Phil. & Pub. Aff. 315 (2004)Google Scholar, and also in my last book, The Idea of Justice (Harvard University Press, 2009 Google Scholar), particularly in Chapter 17.

3 There is a clear analogy here with Grotius’s motivational discussion of the freedom of the sea, including his early articulations on the rights of all on the high seas, which came in the context of the Dutch seizure of the Portuguese ship Santa Catarina in 1603. That motivational analysis would lead later to Grotius’s pioneering formulation of the theory of international law, including the particular enunciation of legitimacy in The Free Sea (1609).

4 Bentham, Jeremy, Anarchical Fallacies; Being An Examination of the Declaration of Rights Issued During the French Revolution 501 (Bowring, J. ed., The Works of Jeremy Bentham, vol. II, 1843) (1792)Google Scholar.

5 Id. at 523.

6 Paine, Thomas, The Rights of Man: Being an Answer to Mr. Burke’s Attack on the French Revolution (London: Dent; New York: Dutton, 1906) (1791)Google Scholar; Wollstonecraft, Mary, A Vindication of the Rights of Woman (London: Dent; New York: Dutton, 1929) (1792).Google Scholar

7 Hart, H.L.A., Are there Any Natural Rights?, 64 Phil. Rev. 175 (1955)CrossRefGoogle Scholar, reprinted in Theories of Rights 79 (Jeremy Waldron eds., 1984).

8 Tasioulas, John, The Moral Reality of Human Rights, in Freedom From Poverty as A Human Right: Who Owes What to the Very Poor? 76 (Pogge, Thomas ed., 2007 Google Scholar).

9 The huge social importance of woman’s participation in family decisions is discussed in Chapter 8 (“Women’s Agency and Social Change”) of my book, Development as Freedom (Alfred A. Knopf, 1999).

10 Kant, Immanuel, Critique of Practical Reason (Beck, L.W. trans., Bobbs-Merrill 1956) (1788 Google Scholar).

11 See Elements of A Theory of Human Rights (2004); the Idea of Justice, ch. 17 (2009).

12 On this, see Ashworth, Andrew & Steiner, Eva, Criminal Omissions and Public Duties: The French Experience, 10 Legal Stud. 153 (1990)CrossRefGoogle Scholar; Williams, Glanville, Criminal Omissions: The Conventional View, 107 L.Q. Rev. 86 (1991)Google Scholar.

13 Aristotle, , Nichomachean Ethics 3 (Ross, Willliam David trans., Oxford Univ. Press ed. 1998 Google Scholar).

14 The role of public reasoning in the acceptability of ethical propositions, including ideas of justice, is part of the subject matter of my book, The Idea of Justice (2009).

15 John Rawls, A Theory of Justice (1971); Political Liberalism (1993).

16 See John Rawls, the Law of Peoples (1999).

17 Smith, Adam, The Theory of Moral Sentiments (republished in an anniversary edition, Hanley, Brian ed., Penguin 2009 Google Scholar, with an introduction by myself) (1759); Lectures on Jurisprudence (R.L. Meek, D.D. Raphael & P.G. Stein eds., Clarendon Press 1976) (1762).

18 Smith, Lectures on Jurisprudence, supra note 16, at 104.

19 3 Smith, Adam, The Theory of Moral Sentiments 110 (Clarendon Press 1976) (1759)Google Scholar. I pursue the Smithian perspective on moral reasoning in my article, Open and Closed Impartiality, 99 J. Phil. 445 (2002)Google Scholar.

Save article to Kindle

To save this article to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

The Global Status of Human Rights
Available formats
×

Save article to Dropbox

To save this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your Dropbox account. Find out more about saving content to Dropbox.

The Global Status of Human Rights
Available formats
×

Save article to Google Drive

To save this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your Google Drive account. Find out more about saving content to Google Drive.

The Global Status of Human Rights
Available formats
×
×

Reply to: Submit a response

Please enter your response.

Your details

Please enter a valid email address.

Conflicting interests

Do you have any conflicting interests? *