Abstract

The paper addresses the question of what standard of conduct is supplied by human rights morality. Since the protection of dignity-interests operates on a continuum, we require a sense, if human rights are to be practically meaningful, of where on that continuum we can say that human rights have been sufficiently seen to by prevailing institutions. I argue that human rights require relevant institutions to secure a social context where it is not rationally permissible for subjects to despair. This is a matter of providing security against risks to basic interests adequate to objectively warrant an agential stance. Aside from providing a principled threshold of protection, the proffered understanding supports a distinction between human rights and justice, helps illuminate the substance of certain human rights concerned with securing the conditions for rational judgment, and enables an account of the trumping or preemptive force of human rights.