Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-txr5j Total loading time: 0 Render date: 2024-08-17T06:20:54.689Z Has data issue: false hasContentIssue false

4 - From Morality to Law

Published online by Cambridge University Press:  22 July 2009

Michael J. Perry
Affiliation:
Emory University, Atlanta
Get access

Summary

There remains an experience of incomparable value. We have for once learned to see the great events of world history from below, from the perspective of the outcast, the suspects, the maltreated, the powerless, the oppressed, the reviled – in short, from the perspective of those who suffer.

Dietrich Bonhoeffer

To affirm the morality of human rights is to affirm the twofold claim that each and every (born) human being has inherent dignity and is inviolable (not-to-be-violated). This is true no matter what ground one has, or thinks one has, for affirming the morality of human rights. Indeed, this is true even if one has no ground, religious or non-religious, for affirming the morality of human rights. (“I have reached bedrock and this is where my spade is turned.”) We who affirm the morality of human rights, because we affirm it, should do what we can, all things considered – we have conclusive reason to do what we can, all things considered – to try to prevent human beings, including government offficials, from doing things (even if the doing is a not-doing) that “violate” human beings, in the sense of denying, implicitly if not explicitly, that one or more human beings lack inherent dignity.

Of course, the “all things considered” will be, in many contexts, indeterminate. What Amartya Sen, borrowing from Immanuel Kant, calls the distinction between “perfect” and “imperfect” duties is relevant here – though I'd mark the distinction by different terms: “determinate” and “indeterminate” duties.

Type
Chapter
Information
Toward a Theory of Human Rights
Religion, Law, Courts
, pp. 33 - 36
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • From Morality to Law
  • Michael J. Perry, Emory University, Atlanta
  • Book: Toward a Theory of Human Rights
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511499197.007
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • From Morality to Law
  • Michael J. Perry, Emory University, Atlanta
  • Book: Toward a Theory of Human Rights
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511499197.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • From Morality to Law
  • Michael J. Perry, Emory University, Atlanta
  • Book: Toward a Theory of Human Rights
  • Online publication: 22 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511499197.007
Available formats
×