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93 - Human rights

from H

Published online by Cambridge University Press:  05 February 2015

Jon Mandle
Affiliation:
State University of New York, Albany
David A. Reidy
Affiliation:
University of Tennessee, Knoxville
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Summary

The notion of human rights plays an important role in Rawls’s The Law of Peoples. Respecting human rights is not only a core principle of political justice and legitimacy, it also assists in determining which people are well-ordered and when sanctions or even military intervention might be permissible.

To understand Rawls’s position on human rights, we should note some key ideas that compose crucial elements of his account. In LP, §10, Rawls outlines what he takes to be the role human rights play in the Law of Peoples:

Human rights are a class of rights that play a special role in a reasonable Law of Peoples: they restrict the justifying reasons for war and its conduct, and they specify limits to a regime’s internal autonomy. In this way they relect the two basic and historically profound changes in how the powers of sovereignty have been conceived since World War II. First, war is no longer an admissible means of government policy and is justiied only in self-defense, or in grave cases of intervention to protect human rights. And second, a government’s internal autonomy is now limited. (LP 79)

Human rights set necessary but not suficient standards for decent domestic political and social institutions. In setting these standards, human rights limit admissible domestic law of all societies and help determine which peoples are in good standing in the Society of Peoples. Furthermore, fulillment of human rights is suficient to exclude justiied and forceful intervention by other peoples.

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Publisher: Cambridge University Press
Print publication year: 2014

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  • Human rights
  • Edited by Jon Mandle, State University of New York, Albany, David A. Reidy, University of Tennessee, Knoxville
  • Book: The Cambridge Rawls Lexicon
  • Online publication: 05 February 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139026741.094
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  • Human rights
  • Edited by Jon Mandle, State University of New York, Albany, David A. Reidy, University of Tennessee, Knoxville
  • Book: The Cambridge Rawls Lexicon
  • Online publication: 05 February 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139026741.094
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Human rights
  • Edited by Jon Mandle, State University of New York, Albany, David A. Reidy, University of Tennessee, Knoxville
  • Book: The Cambridge Rawls Lexicon
  • Online publication: 05 February 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139026741.094
Available formats
×