Book contents
- The Cambridge Companion to the Philosophy of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Philosophy of Law
- Copyright page
- Dedication
- Contents
- Contributors
- Introduction
- Part I General Theory
- Part II Values
- 6 The Rule of Law
- 7 Justice without Ethics: A Twentieth-Century Innovation?
- 8 Rights and Human Rights
- 9 Equality and Discrimination
- 10 Authority and Legitimacy
- 11 The Ends and Limits of Law
- Part III Special Theory
- Index
8 - Rights and Human Rights
from Part II - Values
Published online by Cambridge University Press: 15 June 2020
- The Cambridge Companion to the Philosophy of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Philosophy of Law
- Copyright page
- Dedication
- Contents
- Contributors
- Introduction
- Part I General Theory
- Part II Values
- 6 The Rule of Law
- 7 Justice without Ethics: A Twentieth-Century Innovation?
- 8 Rights and Human Rights
- 9 Equality and Discrimination
- 10 Authority and Legitimacy
- 11 The Ends and Limits of Law
- Part III Special Theory
- Index
Summary
What makes a right a human right? If we were to start in the realm of positive law, we might define human rights more or less by ostension. They are rights listed in certain multilateral treaties and conventions in international law, like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). There is nothing wrong with definition by ostension; no other mode of definition is available for certain terms like simple colour words. But ‘human rights’ is a complex phrase and we should expect an account of its complexity to tell us how the terms it contains – ‘human’ and ‘rights’ – work together to constitute its meaning.
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- The Cambridge Companion to the Philosophy of Law , pp. 152 - 170Publisher: Cambridge University PressPrint publication year: 2020