道徳的人権ではなく国際法的人権として人権は正当化されるべきなのか : A・ブキャナンの「転向」を手がかりとする一考察

Human Rights Justified as International Legal Human Rights, not Moral Human Rights? A Critique of Allen Buchanan’s Turn on Human Rights

木山, 幸輔

KIYAMA, Kosuke

[SUMMARY] This paper tries to answer the question: Should we justify human rights as international legal human rights, not as moral human rights? It especially focuses on recent arguments by Allen Buchanan, who answers the question affirmatively. The paper divides its arguments into two segments. First, it examines Buchananʼs rejection of reliance on moral human rights in thinking about international legal human rights. Contrary to his criticisms, the paper insists that there are weighty reasons to envisage human rights as moral rights. The reasons shown include that moral rights can compensate for the enforcement deficit, achieve fairness in allocating duties, and explain egalitarian elements of human rights. Second, the paper analyses Buchananʼs pluralistic justificatory methodology for human rights, dividing his strategy into four steps: (1) the setting of the system of international legal human rights as the object and premise of the justification, (2) the arguments for having the international legal human rights system, (3) the arguments for the inclusion of individual rights in the system, and (4) the arguments for the legitimacy of institutions constituting the system. Through the examinations of the four steps, the paper concludes that the pluralistic justificatory methodology does not work because either it contains serious problems in arguing for having the intonational legal rights system or it subordinates endeavors to create better alternative institutions to the deficiencies of the current international order that defines the system of international human rights. Through the inquiry, the paper claims that we should envisage human rights as moral rights, not merely as international legal human rights.

https://opac.ll.chiba-u.jp/da/curator/900121683/

https://opac.ll.chiba-u.jp/da/curator/900121683/S18814859-19-1-P049.pdf

千葉大学公共学会

Chiba University. Association for Studies on Public Affairs

紀要論文

18814859

AA12002541

公共研究 = Journal on public affairs

19

1

49

106

2023-03-31

10.20776/S18814859-19-1-P49

publisher

公共研究