HR100 Lecture Notes - Lecture 2: Negative And Positive Rights, Consequentialism, Arbitrary Arrest And Detention
27 May 2018
School
Department
Course
Professor
Wednesday, January 10th, 2018
HR 100
Dr. Robinson
Lecture 2: Human Rights II
Why is it not appropriate to equate negative and positive rights with particular generations of
rights?
Philosophical Justifications of Human Rights
●An Application:
○Universal Declaration of Human Rights (1948)
●Recall Four Philosophical Justifications of Human Rights:
○Religious: Rights defined by supreme, supernatural being
○Secular/ Natural Law: We realize that we deserve rights if we reason correctly
from claims about human nature
○Utilitarianism/ Consequentialism: Respecting rights will result in the greatest
good for the greatest good for the greatest number
○Positivism: If we have any rights it’s because it is embedded in positive law. Law
exist because we created it
●Preamble
○Series of statements that appear before the main body of a document that can set
the context and explain the motivation for the creation of the document
3 Ways of Describing Rights
●3 Generations of Rights
○Basis of Distinction: Historical Order of Appearance
○First Generation
■Aka: Civil and Political Rights
■Origin: 17th & 18th Centuries
●Struggles Against Absolute Government
■E.g., Right to life, Property, Freedom of Speech, Right to Fair Trial, Right
to Vote
○Second Generation
■Aka: Economic and Social Rights
■Origin: 19th & 20th Centuries
●Reaction to Extremes of Wealth & Poverty in Capitalist Societies
■E.g., Right to work, Right to food, Right to health care, Right to Housing
○Third Generation
■aka : Solidarity/ Collective Rights
■Origin: 20th Century
Document Summary
Recall four philosophical justifications of human rights: from claims about human nature. Religious: rights defined by supreme, supernatural being. Secular/ natural law: we realize that we deserve rights if we reason correctly. Utilitarianism/ consequentialism: respecting rights will result in the greatest. Positivism: if we have any rights it"s because it is embedded in positive law. Law good for the greatest good for the greatest number exist because we created it. Series of statements that appear before the main body of a document that can set the context and explain the motivation for the creation of the document. Basis of distinction: historical order of appearance. E. g. , right to life, property, freedom of speech, right to fair trial, right to vote. Reaction to extremes of wealth & poverty in capitalist societies. E. g. , right to work, right to food, right to health care, right to housing. E. g. , right to self-determination of peoples, right to peace, right to a healthy environment.
