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Spring 2005 University of Dayton
PHILOSOPHY AND HUMAN RIGHTS
Instructor: Dr. Michael Payne
481 Hum, x-92840
937-229-2840
michael.payne@notes.udayton.edu
Office hours: 1:30 -3:00 P.M. Monday and Wednesday
Textbook:
Shue, Basic Rights
Nathanson, Economic Justice
Bauer and Bell, The East Asian Challenge for Human Rights
Course Description
This course critically examines the arguments for and against universal moral rights (or human rights), including the current contention that human rights are simply the imposition of Western values on non-Western cultures.
Assuming that we have human rights, we must determine what our rights are. This raises a current problem concerning a distinction made after the adoption of the Universal Declaration of Human Rights in 1948. In 1966, the U.N. agreed on two Covenants: the first on civil and political rights, the second on economic, social, and cultural rights. Although President Carter signed the two Covenants in 1977, the Senate has not ratified the second Covenant. The rights of the first Covenant are usually called "negative rights," while those of the second Covenant are called "positive rights." The U.S. has problems only with the positive rights. The issue of negative versus positive rights will be examined through the book by Shue.
Human rights are often, if not always, connected to issues of justice. Thus, Robert Nozick's libertarian theory of justice denies that there are any positive human rights, but is grounded in negative human rights. On the other hand, John Rawls' liberal theory of justice supports negative and positive rights. This is especially interesting because both thinkers take as their starting point Kant's categorical imperative to treat people as ends not merely as means. Therefore, the course will also examine theories of justice, including those of Rawls and Nozick, as well as those of utilitarianism, marxism, communitarianism, and feminism. These theories will be applied to human rights issues, such as economic inequality nationally and internationally. These theories and issues will be examined through the book by Nathanson.
A final focus of the course will be on the critique of universal human rights by non-Western countries, especially East Asian countries. This critique involves a rejection of Western values as inapplicable to non-Western cultures, and will be examined in the book by Bauer and Bell.
Requirements
Students will develop and defend their own views in class and in written essays on tests.
Tests will consist of explanation questions and of essays in which one must defend one's views with arguments. On the essays, only arguments will be graded, not opinions.
There will be three tests, each worth 33%. There will be a test on each section of the course. The final exam date can be determined by consulting the University Exam Schedule for Winter 2005 at this link.
There will be no make-up tests nor extra credit.
Class participation is important and could influence one's final grade.