Courtrooms As Disabling Remembering Positions

Social Philosophy Today 21:253-256 (2005)
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Abstract

Many people, often students, appear apathetic because they do not know how to support human rights. In this paper, I explore a question that is part of a larger project helping people think through moral life in the age of human rights. What are appropriate contexts for invoking human rights? I begin with two assumptions: Our sense of common humanity is the source of human rights. There are situations where it seems we should disregard human rights out of common humanity. Reflecting on two examples, I argue there is a class of harms where one should disregard human rights because one intends to be humane. I call this class “harms that exceed right”. I isolate two kinds of such harm: harms against relationship and harms against personhood. I conclude with a general point: human rights application should bear in mind an “adverbial consideration.” How we invoke human rights matters, and human rights should be invoked humanely.

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Jeremy David Bendik-Keymer
Case Western Reserve University

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