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Chapter Nine: The Case for Rights: Justifying Right-Claims
Learning Objectives of Chapter Nine
1. Recognize both sides of the Asian Values Debate.
3. Explain arguments for and against fundamental, individual rights (or natural rights).
5. Discuss the idea of a conflict of rights.
SUMMARY: Chapter Nine introduces the concept of human rights in the framework of
rights and duties. The Asian Values Debate is explained and analyzed in the context of
fundamental rights. Alternative theories to fundamental, individual rights are discussed.
Relativism Again: The Asian Values Debate
does not reflect the rights that people in fact have. Two views:
Human rights should seek to achieve basic needs, which should be recognized
as claims.
Western countries should not put their standards on Asian countries.
Critics of Western values argue that:
It is used as morality camouflage for economic protectionism.
Defenders of individual moral rights argue:
Intellectual criticism of the idea of rights becomes an attack on rights
themselves.
Appeals to Asian values are an excuse for the hardships of industrialization
and fast economic growth.
Rejecting individual rights does not mean behaving in any way you want. The
question is whether we need the concept of individual rights to meet the commands of
morality.
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Moral philosopher Alan Strudler asserts a Confucian premise that culture contains the
moral resources to say everything morally worth saying without the vocabulary of
individual rights.
Rights, Dignity and Consent
Confucianism and utilitarianism try to defuse individual rights by arguing that the
moral requirements on how we ought to treat people can be rescued, even if the rights
cannot.
Rights and the Source of Moral Value
Rights are always instrumental to the community, whereas the value of rights as
fundamentally moral is intrinsic. Without fundamental rights, individuals cannot
claim things as their moral due.
Dignity and the Content of Obligations
Ronald Dworkin each individual has a special responsibility for living his or
her life well.
Resolving Conflicts of Rights
Rights-claims and other important moral concerns can conflict. Because a right is a