HUMAN RIGHTS:HISTORICAL AND THEORETICAL PERSPECTIVES

Module HUMAN RIGHTS: A PHILOSOPHICAL APPROACH

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It is necessary to attend at least 3/4 of classes. Failure to do so will result in inability to pass exam.

Although discussions about international issues often make reference to the notion of Human Rights – the current crises in the Middle East and the ensuing migration of refugees are obvious examples – the philosophical foundations of these rights, their claim to cross-cultural universality, their ability to be a sort of secularized religion of mankind are controversial. This class aims to introduce students to the philosophical debate on these issues and to stimulate independent yet informed thinking.

Main Text of reference: Cruft R., Liao S. M., and Renzo M., “The Philosophical Foundations of Human Rights. An Overview”, in Cruft R., Liao S. M., and Renzo M. (eds.) Philosophical Foundations of Human Rights. Oxford: 2015 References: Nickel, James, “Human Rights”, 13-35 in Stanford Encyclopaedia of Philosophy, (on-line text available) Li, Xiarong “Tolerating the Intolerable: the Case of Female Genital Mutilation”, pp. 2-8, in Philosophy and Public Policy Quarterly (Winter 2001); on-line www.puaf.umd.edu/IPPP/reports Donnelly, Jack “Human Rights and Cultural Relativity” pp. 89-106 in Donnelly, Universal Human Rights in Theory and Practice, Cornell University Press 2003, 2nd edition Nickel, James, “Universal Rights in a Diverse World” chapt 4 of his Making Sense of Human Rights, (www. spot.colorado.edu/~nickelj/mshor-welcome.htm) Teson, Ferdinand “International Human Rights & Cultural Relativism” pp 379-96 PHR Charles Taylor “A World Consensus on Human Rights?” pp 409-22, PHR Langlois, Andrew “The Real Asian Values Debate”, pp. 46-72 in his The Politics of Justice and Human Rights; Cambridge University Press 2001 An Naim, Abdullahi A. “Toward a Cross-Cultural Approach to Defining International Standards of Human Rights: The Meaning of Cruel, Inhuman, or Degrading Treatment…” in Human Rights in Cross Cultural Perspectives, edited by An-Na’im, University of Pennsylvania Press pp. 19-43 , from now on CCP El Fadl, Khaled Abou “The Place of Tolerance in Islam”. Boston: Beacon Press 2002. Shapiro, Ian and Kymlicka, Will (eds.) “Introduction” to Ethnicity and Group Rights Kymlicka, Will “The Good, the Bad, and the Intolerable: Minority Group Rights” pp 445-61 in PHR Donnelly, Jack “Group Rights and Human Rights”, pp. 204-24 in his Universal Human Rights in Theory and Practice. McDonald, Michael “Should Communities Have Rights? Reflections on Liberal Individualism” pp 33-61, CCP Franck, Thomas M. “The Emerging Right to Democratic Governance” pp. 46-01 in The American Journal of International Law, vol. 86, no. 1 (Jan. 1992) John Rawls The Law of Peoples, “Decent Consultation Hierarchy” pp. 71-78 Rao, Arati “Right in the Home: Feminist Theoretical Perspectives on International Human Rights” pp. 505-25 in PHR Li, Xiarong “Tolerating the Intolerable: the Case of Female Genital Mutilation”, pp. 2-8, in Philosophy and Public Policy Quarterly (Winter 2001); on-line reserve and on-line www.puaf.umd.edu/IPPP/reports/ Ashworth, Georgina “The Silencing of Women”, pp. 259-76 in Dunne and Wheeler, Human Rights in Global Politics Smith, Michael J. “Humanitarian Intervention: an Overview of the Ethical Issues” pp.478-501 in PHR Nardin, Terry “The Moral Basis of Humanitarian Intervention” Ethics and International Affairs vol. 16 no. 1, (2000): 57-70 and in Dunne and Wheeler, Human Rights in Global Politics Donnelly, Jack “Genocide and Humanitarian Intervention” pp. 242-60 in his Universal Human Rights in Theory and Practice Shue, Henry “Nationality and Responsibility”pp. 131-52 in his Basic Rights; Steiner and Alston “Challenges to Universalism-- Children” pp. 511-37 in, International Human Rights in Context Loescher, Gil “Refugees: a global human rights and security crisis” pp. 233-58 in Dunne and Wheeler, Human Rights in Global Politics Cranston, Maurice “Human Rights, Real and Supposed” pp 163-73, PHR Buchanan, Allen “Rules for a Vanished Westphalian World” 697-721 Ethics (July 2000; Sen Amartya, “Elements of a Theory of Human Rights”, Philosophy & Public Affairs, 32, n 4, Sept 2004, pp 315-56 Pogge, Thomas “An Egalitarian Law of Peoples”, Philosophy & Public Affairs, vol. 23, no.3 (Summer 1993) Pogge, Thomas. “How Should Human Rights be Conceived?” in World Poverty and Human Rights. Polity 2008: 58-76 Smith, Michael J., “Humanitarian Intervention: An Overview of the Ethical Issues” Singer, Peter, “How Can We Prevent Crimes against Humanity?” Human Rights, Human Wrongs. Oxford Amnesty Lectures, edited by N. Owen, p.89-137 Rorty, Richard “Human Rights, Rationality and Sentimentality”, in The Philosophy of Human Rights (henceforth PHR), edited by Patrick Hayden, Paragon Press, 2001, pp 241-56 Caranti, L., “Kant’s Theory of Human Rights,” in T. Cushman (Ed.), Handbook of Human Rights, Routledge 2011, 35-44.

Students will have the chance to take an intermediary written exam on the first half of the program. In case of positive evaluation, they will not be tested on that part in the final exam. The final exam consists in an oral exam on the program (whole or second half depending on the result of the intermediary exam). Moreover, students are required to write a 10-15 page final paper on a subject relevant to the themes studied in the seminar. The paper will be discussed in occasion of the final exam.