Class Notes (806,874)
Canada (492,493)
Philosophy (633)
PHIL 2103 (58)
Jay Drydyk (53)

PHIL 2102 Week 7 Class 1.docx

6 Pages
Unlock Document

Carleton University
PHIL 2103
Jay Drydyk

Week 7 Class 1: Are Human Rights Nonsense on Stilts? Exam: • Choose a right • Explain all arguments that play in favor or against the right • Analyses which side is stronger Bentham: • 1748- 1832 • Developed a form of utilitarianism for legal reform • Opposed slavery, supported equality for women • Supported French revolution, was declared an honorary citizens • Opposed natural rights, doctrines, linked them with the terror of 1790s o Thought they were dangerous ideas Bentham’s Challenge: • To natural rights thinking • To ethical ideas of human rights o Entitlements, “moral guarantees”  Right holders (all humans to  Particular capabilities • The substance/scope/object of that right • i.e what it is the right to o what does a moral guarantee gurarentee?  The wrongness of depriving anyone of that capability (by action or inaction)  SO: having a right ≠ enjoying a right  Violated rights still still exist – as standards o independently binding  independent of legal or other authority  justified ethically o universal o high priority, mandatory, not discretionary  “trump” other interests o call for social practices to “realize” them  respect  protect  support o Independent of law, government o Universal o Mandatory o Call for respect, protection, provision • Still supported legal rights Natural Rights Thinking • None meant to be subordinated o Locke:  God’s creatures  Common human nature o Rousseau: born free • People must rule to preserve each other. o Locke: Preserve, don’t injure, others o Rousseau: General will must rule  GW would no more fail to preserve an individual than an organism would fail to preserve its parts Natural Rights and Revolution: • Locke and Rousseau o Any government that violates natural rights is illegitimate • Bentham o In justifying past insurrection, they sow the seeds of anarchy  God made that person king Bentham’s attack on the 1789 Declaration • Article 1: Natural Rights principles o All are born and remain free  Children are helpless , hence born into subjection  Actual laws (laws in being) permit slavery. Slaves are free only according to the law of nature  Those who say that actual laws are void where inconsistent with the law of nature are advocating anarchy o All are born & remain equal in rights  Apprentices would have the same rights as master craftsmen  Wards would have the same rights as their gaurdians, wives the same as their husbands  madmen would have as much right to confine us, as we have to confine them;  idiots have as much right to govern us, as we have to govern them;  A delirious patient would have as much right to throw his physician or nurse out the window, as the physician and nurse have to prevent the patient from jumping out. • Article 2: Purpose of government is preservation of natural rights o liberty, property, security, resistance to oppression  The "right to liberty" would be a right to "Unbounded liberty; that is, amongst other things, the liberty of doing or not doing on every occasion whatever each man pleases.  Liberty of each meant to be compatible with equal liberty for all  No right is absolute: liberty rights meant to be compatib
More Less

Related notes for PHIL 2103

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.