Jack Donnelly - The Concept of Human Rights
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First published in 1985. In this study, Donnelly distinguishes between having a right and being right and elaborates the distinction with great subtlety to show that rights have to be understood as action and not as a possession. This is done with such clarity and good sense that he is able to cast light on all aspects of the often confusing discussions of the natures and usages of right. He illuminates an astonishing range of issues, from the limitations of Thomist and utilitarian conceptions of right to the confusions of many present-day defenders of rights, both in the West and the Third World. As importantly, Donnelly is centrally concerned with the human aspect of human rights. He is thus able to rest his discussion of rights on a plausible philosophical anthropology as well as an appreciation of an historical dimension to human rights, and, at the end of his book, is able to open the door towards potential new developments in the discussion of human rights. Down the path he points us lies a reconciliation of the notion of individual rights with that of political community. This title will be of great interest to students of politics and philosophy.
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ROUTLEDGE LIBRARY EDITIONS: POLITICAL THOUGHT AND POLITICAL PHILOSOPHY
Volume 19
THE CONCEPT OF HUMAN RIGHTS
THE CONCEPT OF HUMAN RIGHTS
JACK DONNELLY
First published in 1985 by Croom Helm Ltd
This edition first published in 2020
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
1985 Jack Donnelly
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
A catalogue record for this book is available from the British Library
ISBN: 978-0-367-21961-1 (Set)
ISBN: 978-0-429-35434-2 (Set) (ebk)
ISBN: 978-0-367-23105-7 (Volume 19) (hbk)
ISBN: 978-0-429-27836-5 (Volume 19) (ebk)
ISBN: 978-0-429-35434-2 (Set) (ebk)
ISBN: 978-0-367-23105-7 (Volume 19) (hbk)
ISBN: 978-0-429-27836-5 (Volume 19) (ebk)
Publishers Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.
Disclaimer
The publisher has made every effort to trace copyright holders and would welcome correspondence from those they have been unable to trace.
The publisher has made every effort to trace copyright holders and would welcome correspondence from those they have been unable to trace.
THE CONCEPT OF HUMAN RIGHTS
The Concept of Human Rights
Jack Donnelly
1985 J. Donnelly
Croom Helm Ltd, Provident House, Burrell Row,
Beckenham, Kent BR3 1AT
Croom Helm Australia Pty Ltd, First Floor, 139 King Street,
Sydney, NSW 2001, Australia
Croom Helm Ltd, Provident House, Burrell Row,
Beckenham, Kent BR3 1AT
Croom Helm Australia Pty Ltd, First Floor, 139 King Street,
Sydney, NSW 2001, Australia
British Library Cataloguing in Publication Data
Donnelly, Jack
The concept of human rights.(Croom Helm international series in social and political thought)
1. Civil rights
I. Title
323.4 JC571
1. Civil rights
I. Title
323.4 JC571
ISBN 0-7099-0869-5
Printed and bound in Great Britain by
Biddles Ltd, Guildford and Kings Lynn
Biddles Ltd, Guildford and Kings Lynn
CONTENTS
The rank is but the guinea stamp,
The mans the gold, for all that.
The mans the gold, for all that.
Traditional
This is a revision of my doctoral dissertation, submitted at the University of California, Berkeley, in the autumn of 1981. Hanna Pitkin laboured through numerous drafts of the dissertation with uncommon care and unfailing good humour and support so much so that I actually enjoyed the usually painful process of writing a dissertation. Ernie Haas also was most helpful as a second reader. I hope that in the distance between the dissertation and this book they will see some enduring results of their teaching, advice and support.
In the dissertation stage, Pat Boling, Don Downs, Steph Haggard and Gregg Kvistad read individual chapters or helped me think through important issues. Since then, Charlie Brockett has provided helpful comments on what is now . Preston King made several useful suggestions for narrowing and focusing my argument. Rhoda Howard read the entire manuscript and helped me to clarify and simplify the presentation of a number of important points.
Throughout it all, Cathy has always been there. This book is as much hers as mine.
Introduction and Overview
What are human rights? Literally, they are the rights of humans. More precisely, human rights are the rights one has simply because one is a human being. This book is devoted to exploring the dimensions and implications of this deceptively simple answer.
Three major levels or parts can be distinguished in the theory of human rights:
(1) the nature of human rights (What kind of a thing is a human right and how does it work?);
(2) their source (From what or where do we get human rights?); and
(3) their substance or specification (What are the particular things to which we have human rights? What is on the list of human rights?).
While the third level certainly is the ultimate theoretical objective, I shall concentrate on the first two because of their logical priority as well as my inability to provide an adequate philosophical justification of a particular list, for reasons that should become clear after the discussion of the source of human rights in.
Everything that is on a list of human rights any list is a human right. Our concern will be with the meaning, source and implications of inclusion on such a list, with what it means, not only logically but behaviourally, to be able to say x is a human right or I have a human right to x What sort of obligations do human rights impose? How, and on whom? How are claims of human rights related to other claims that may be made on persons and institutions in a position to provide or deny x? What is their moral foundation? How would the world be different if they were not available?
The literal definition of human rights as the rights of humans provides the structure for the first half of the book. In this chapter, following this very brief overview, we will begin to clarify the meaning of rights by distinguishing two important senses of the term right. The distinction between something being right and someone having a right provides the conceptual core around which the book revolves. then explores some of the ways rights work, both in general and, in its final section, with special reference to human rights.
In we turn to the source of human rights; roughly, to the meaning of human in human rights. I argue that socially shared moral conceptions of the nature of the human person and the conditions necessary for a life of dignity are the source of human rights. What distinguishes human rights from other moral ideals, however, is that they take the form of rights, a particular kind of institution and instrument.
Combining these accounts of the nature and source of human rights yields what I call the constructivist theory of human rights: the underlying moral vision of human nature, if expressed and implemented in the form of human rights, will actually create the envisioned person, so long as it lies within the psycho-biological and social limits of human possibility. Thus human rights represent a special sort of self-fulfilling moral prophecy and provide a plan for the construction of a political regime in which a truly human being can lead a life of dignity, developing and expressing the moral possibilities of human nature.
While this account of the nature and source of human rights is essentially original, I prefer to stress its descriptive character. People do claim human rights, and have done so for at least two or three centuries. Such claims, I am painfully aware, have been subject to an incredible variety of abuses, both vicious and innocent. None the less, the still deep resonances of a document such as the French Declaration of the Rights of Man and the Citizen, the remarkably wide acceptance, in word and aspiration if not in deed, of more recent documents such as the
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