CLJ 110 Lecture 1: CLJ 110 The Concept of Human Rights
Document Summary
Rights: a set of goods, services, opportunities and protections that are widely recognized as pre-requisites for a life of dignity. To have a right: to be entitled to x. Right holders are authorized to make special claims, which may trump other considerations (social policy, moral or political considerations, etc. ) Are trumps, have primacy or more weight in relation to other claims, desires, expectations. Are not benefits, the right holders are not passive beneficiaries of someone"s generosity. The concept reflects historical evolution of philosophical thought, and of the relationship between citizens (later persons) and the nation state. Enjoying and exercising rights: right holders, to enjoy should be the norm but exercise should not be necessary: the possession paradox, to exercise activates an obligation on the duty bearer, with the aim of enjoying a right. Special kind of wrongdoing, of injustice with a distinctive force and remedial logic . Relationship between the duty bearer and the right holder.