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A Philosophical Introduction to Human Rights

A Philosophical Introduction to Human Rights

Author: Thomas Mertens
Publisher: Cambridge University Press
ISBN: 9781108402828
Published In: September 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

Discusses ten central human rights in ten chapters, which can be read independently
Valuable both for beginners and those more advanced
Where most introductions in legal philosophy are based on contemporary literature, this book relies heavily on classical authors, most notably Kant
Suitable as an introductory text for both legal philosophy and human rights

1. Legal philosophy and human rights

Part I. Backgrounds of the universal declaration

2. The political and juridical context of the universal declaration

3. The philosophical context of the universal declaration

4. Human dignity

5. Intermezzo I

Part II. Negative freedom:

6. Everyone has the right to life

7. No one shall be subjected to torture

8. No one shall be unfairly punished

9. Everyone has the right to their own space

10. Everyone has the right to property