Acessibilidade / Reportar erro

JAMES GRIFFIN ON HUMAN RIGHTS

Abstract

In ‘On Human Rights’, James Griffin argues persuasively that human rights should be conceived as protections of personhood, that is, of the distinctive status of human beings as self-directing moral agents. Adopting a holistic interpretation of the author’s work, this article conducts a critical analysis of the central elements of Griffin’s account of human rights, including its methodology, objectives, and central concepts, as well as its attempt to ground human rights norms in basic human interests and practicalities. Lastly, the text considers the merits of Joseph Raz’s critique of Griffin, which claims that his proposal is inconsistent and incapable of accounting for most of the human rights traditionally recognized in international practice. I conclude, with Griffin, that his theory has enough resources at its disposal to offer a compelling answer to Raz’s objection.

James Griffin; Philosophy of Law; human rights; personhood; practicalities

Fundação Getulio Vargas, Escola de Direito de São Paulo Rua Rocha, 233, 11º andar, 01330-000 São Paulo/SP Brasil, Tel.: (55 11) 3799 2172 - São Paulo - SP - Brazil
E-mail: revistadireitogv@fgv.br