Tuesday, March 26, 2013

Paper on "Dworkin on Human Rights"

George Letsas has posted a new paper at SSRN:

"Dworkin on Human Rights"
[forthcoming in "Jurisprudence"]

"This paper critically assesses Ronald Dworkin's theory of human rights in the light of his interpretivist approach. According to this approach, no part of the practice of human rights is a constraint on theory construction unless there is a practice-independent value that makes that relevant. Dworkin's suggestion that the value of legitimacy underpins the practice of human rights is sound, but it explains only part of the current practice of human rights. I argue that the value of legitimacy leaves unexplained the normative concerns raised by treaty-based human rights obligations (such as the ECHR), and that no single moral value can account for the rich and complex practice of human rights."

George Letsas is Reader in Philosophy of Law and Human Rights, University College London, and Co-Director of the UCL Institute for Human Rights.

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