On a Reflexive Case for Human Rights

Journal of East-West Thought 3 (4):51-64 (2013)
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Abstract

Can there be a "reflexive" or presuppositional, reasonably non-rejectable grounding of a Forst-type right to justification, or of a meaningful form of constitutive discursive standing? The paper argues that this is not so, and this for reasons that reflect more general limitations of presuppositional arguments for relevantly contested conclusions. To this end, the paper critically engages Forst's "reflexive" argument for human rights. It also considers O'Neill's presuppositional attempt to defend a form of cosmopolitanism, as well as the attempt to anchor constructivist conclusions in the meaning of the word "reasonable".

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Thomas M. Besch
Wuhan University

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References found in this work

Contractualism and utilitarianism.Thomas M. Scanlon - 1982 - In Amartya Sen & Bernard Williams (eds.), Utilitarianism and Beyond. New York: Cambridge University Press. pp. 103--128.
Cosmopolitanism and sovereignty.Thomas Pogge - 1992 - Ethics 103 (1):48-75.
Moral conflict and political legitimacy.Thomas Nagel - 1987 - Philosophy and Public Affairs 16 (3):215-240.
Political Liberalism.Charles Larmore - 1990 - Political Theory 18 (3):339-360.

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