Philosophical Introduction to Human Rights (Law in Context)

While almost everyone has heard of human rights, few have reflected in depth on what they are, where they originate from, and what they mean. A Philosophical Introduction to Human Rights, written in an accessible manner without being superficial, addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy.

Thomas Mertens begins by sketching the philosophical and historical background of the Declaration, then discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The underlying theme of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between an individual's nature and their social nature. Some human rights emphasize the individual aspect, while others emphasize the social aspect. This tension plays a fundamental role in how human rights are interpreted and applied.

The book provides a comprehensive and thought-provoking exploration of the complex and multifaceted concept of human rights. By examining the philosophical foundations and historical context of the Universal Declaration of Human Rights, Mertens offers readers a deeper understanding of the principles and challenges inherent in the pursuit of universal human rights.

The discussion of the ten most important human rights, informed by the insights of key philosophers, offers a nuanced and balanced perspective on the various interpretations and applications of these fundamental rights. The author's examination of the tension between individual and social aspects of human nature, rooted in Kant's concept of 'unsocial sociability,' sheds light on the inherent complexities and potential conflicts that arise in the implementation of human rights.

Overall, A Philosophical Introduction to Human Rights provides a comprehensive and accessible introduction to the legal philosophy underpinning the concept of human rights. By delving into the philosophical and historical foundations, as well as the practical implications and challenges, the book offers a valuable resource for students, scholars, and anyone interested in understanding the complex and multifaceted nature of human rights in the modern world.

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