• DOI:10.1111/J.1088-4963.2004.00017.X
• Corpus ID: 55127492

Elements of a Theory of Human Rights

@article{Sen2004ElementsOA,
  title={Elements of a Theory of Human Rights},
  author={Amartya Sen},
  journal={Philosophy \& Public Affairs},
  year={2004},
  volume={32},
  pages={315-356}
}

• A. Sen
• Published 1 October 2004
• Political Science
• Philosophy & Public Affairs

Few concepts are as frequently invoked in contemporary political discussions as human rights. There is something deeply attractive in the idea that every person anywhere in the world, irrespective of citizenship or territorial legislation, has some basic rights, which others should respect. The moral appeal of human rights has been used for a variety of purposes, from resisting torture and arbitrary incarceration to demanding the end of hunger and of medical neglect. At the same time, the central idea of human rights as something that people have, and have even without any specific legislation, is seen by many as foundationally dubious and lacking in cogency. A recurrent question is, Where do these rights come from? It is not usually disputed that the invoking of human rights can be politically powerful. Rather, the worries relate to what is taken to be the “softness” (some would say “mushiness”) of the conceptual grounding of human rights. Many philosophers and legal theorists see the rhetoric of human rights as just Elements of a Theory of Human Rights AMARTYA SEN