I would like to thank Ana Vrdoljak, Gianluigi Palombella, and Nicholas White for helpful criticisms and comments.
The Concept of Rights in Contemporary Human Rights Discourse
Article first published online: 12 AUG 2010
© 2010 The Author. Journal compilation © 2010 Blackwell Publishing Ltd
Volume 23, Issue 3, pages 333–364, September 2010
How to Cite
CHWASZCZA, C. (2010), The Concept of Rights in Contemporary Human Rights Discourse. Ratio Juris, 23: 333–364. doi: 10.1111/j.1467-9337.2010.00458.x
- Issue published online: 12 AUG 2010
- Article first published online: 12 AUG 2010
In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for sociopolitical and legal institutions.