Why Respect for Freedom Cannot Explain the Content and Grounds of Human Rights

Political Theory 42 (4):490-497 (2014)
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Abstract

In a recent article in Political Theory (40, 5: 573–601), entitled “Human Rights, Freedom, and Political Authority,” Laura Valentini proposes a “freedom-centered” account of human rights. On this account, “human rights are derived from the universal right to freedom, namely each person’s innate right to a sphere of agency within which to pursue her ends and goals without being subject to the will of others” (574). In spite of its prima facie appeal, I argue that Valentini’s theory does not do a good job at explaining some of our settled convictions about the content of human rights and that she offers an implausibly restrictive view of our reasons for respecting human rights. I conclude by very briefly presenting the main elements of a broader perfectionist and dignitarian account of human rights, which seems more consistent with our settled convictions on these matters.

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