Shue on Basic Rights

Woodward, Philip

doi:10.5840/soctheorpract200228428

Cited by 2 publications

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“…Hence, Shue's argument about meal tickets only speaks to the issue of substantive inseparability. The claim of analytical inseparability—meaning that the content of complex human rights cannot be expressed as distinct, lesser rights—requires a further justification which Shue does not provide (Payne 2008, 223; Woodward 2002, 663–5). Even if such a justification were provided, it is unclear how it can be made to apply to only one side of the right‐duty equation.…”

Section: The Evolving View Of the Distinction Between Positive And Ne...mentioning

confidence: 99%

Reviving the Distinction between Positive and Negative Human Rights

Wibye

2022

Ratio Juris

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Increasingly firm rejections of the distinction between positive and negative human rights as incoherent have created a gap between theory and practice, as well as tensions within legal doctrinal and philosophical literature. This article argues that the distinction can be preserved by means of a structural account of the interaction of duties within human rights, anchored in case law on the right to freedom of assembly in Article 11, the right to free elections in Article 3 of Protocol 1, and the right to security as enshrined in Articles 2, 3, 5, and 8 of the European Convention on Human Rights.

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Section: The Evolving View Of the Distinction Between Positive And Ne...mentioning

confidence: 99%

Reviving the Distinction between Positive and Negative Human Rights

Wibye

2022

Ratio Juris

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Henry Shue on Basic Rights: A Defense

Kiper

2011

Hum Rights Rev

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In light of the many recent criticisms of Henry Shue's philosophy, this article provides a defense of Shue's philosophical argument for basic rights. The author demonstrates that the latest criticisms made by Thomas Pogge, Michael Payne, and Andrew Cohen misconstrue Shue's position, and therefore fail to overturn the soundness of Shue's argument. Against those who contend that basic rights demand too much, both logically and morally, the author argues that basic rights serve as the minimal threshold for human dignity and the foundation for all other rights. Consequentially, the overall moral landscape is skewed if basic rights are absent.

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Shue on Basic Rights

Cited by 2 publications

References 0 publications

Reviving the Distinction between Positive and Negative Human Rights

Reviving the Distinction between Positive and Negative Human Rights

Henry Shue on Basic Rights: A Defense

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