Justifying International Legal Human Rights

Citation

Tomalty J (2016) Justifying International Legal Human Rights. In: volume 30. Book Symposium: The Heart of Human Rights, Nuffield College, Oxford, 05.06.2015-05.06.2015. Cambridge University Press, p. 483–490. https://doi.org/10.1017/S0892679416000459

Abstract
First paragraph: In The Heart of Human Rights, Allen Buchanan emphasizes the distinction between moral human rights (MHRs) on the one hand and international legal human rights (ILHRs) on the other. MHRs are the moral rights held universally by all humans simply in virtue of being human. ILHRs are the legal rights at the heart of international practice, which are articulated in the United Nations’ International Bill of Rights and related legal documents. One of the most controversial aspects of Buchanan’s account of human rights is its denial of any significant role for MHRs in the justification of the content of ILHRs. This is at odds with the orthodoxy, according to which there is a close connection between MHRs and ILHRs. In particular, Buchanan challenges what he calls the “Mirroring View,” according to which each ILHR constitutes the reflection of some corresponding MHR.

Journal
Ethics and International Affairs: Volume 30, Issue 4