A Philosophical Introduction to Human Rights

Provides students with an introduction to legal philosophy, using the Universal Declaration of Human Rights to reflect on human rights.

Thomas Mertens (Author)

9781108402828, Cambridge University Press

Paperback / softback, published 24 September 2020

310 pages
24.3 x 16.9 x 1.6 cm, 0.54 kg

'Thomas Mertens' book is much more than a handbook on human rights: it uses this topic as a starting point for introducing the readers to philosophy of law and its many questions. Given the centrality of human rights in our societies, this is a justified, clever move. While analysing some major rights as they are stated by the UDHR, Mertens discusses a wide range of arguments for and against their universal or absolute character. In doing so, he invites us to an intellectual tour de force in which history of philosophy and theoretical argumentation are ingeniously intertwined. This ambitious endeavour goes together with philosophical honesty and restraint: the author never forces his position on the readers; he just presents them with the philosophical tools to form their opinion. Also for this reason, this compelling introduction to philosophy of law is highly enjoyable and instructive.' Alessandro Pinzani, Professor of Political Philosophy at the Federal University of Santa Catarina (UFSC), Brazil

While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights – accessibly written without being superficial – addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

1. Legal philosophy and human rights
Part I. Backgrounds of the universal declaration
2. The political and juridical context of the universal declaration
3. The philosophical context of the universal declaration
4. Human dignity
5. Intermezzo I
Part II. Negative freedom: 6. Everyone has the right to life
7. No one shall be subjected to torture
8. No one shall be unfairly punished
9. Everyone has the right to their own space
10. Everyone has the right to property
Part III. Positive freedom
11. Everyone has the right to take part in the government of his country
12. Everyone has the right to 'nationality'
13. Everyone has the right to belong
14. Everyone has the right to a decent standard of living
15. Everyone has the right to international legal protection
Part IV. Duties and virtues: 16. Intermezzo II
17. Everyone has the duty to obedience
18. Everyone has the duty to behave with moderation.

Subject Areas: International human rights law [LBBR], Legal history [LAZ], Jurisprudence & philosophy of law [LAB], Human rights [JPVH]