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I want to bring in a new writer, a philosopher
named James Griffin, who has written a book
called On Human Rights. Griffin takes a
view that I think is similar to what I was
advocating a little while ago. I referred to a
number of philosophers who base human rights on
the dignity or intrinsic value of human beings.
Griffin is in the same tradition, but he is more
specific about what it is that gives human
beings their intrinsic value. He bases
individual rights on what he calls "normative
agency." The main idea is that there is such a
thing as a distinctively human life, and it
consists in being able to deliberate among
options, make choices, and then carry out those
choices. We value this way of life (which he
calls normative agency or personhood) and
establish rights in order to protect it. Here's
a quote to give you a feel for what he is
saying:
Human life is different from the
life of other animals. We humans have a
conception of ourselves and of our past
and future. We reflect and assess. We form
pictures of what a good life would be --
often, it is true, only on a small scale,
but occasionally also on a large scale.
and we try to realize these pictures. This
is what we mean by a distinctively human
existence -- distinctive so far as we
know.... And we value our status as human
beings especially highly, often more
highly than even our happiness. This
status centres on our being agents --
deliberating, assessing, choosing, and
acting to make what we see as a good life
for ourselves.
Human rights can then be seen as
protective of our human standing or, as I
shall put it, our personhood. And one can
break down the notion of personhood into
clearer components by breaking down the
notion of agency. To be an agent, in the
fullest sense of which we are capable, one
must (first) choose one's own path through
life -- that is, not be dominated or
controlled by someone or something else
(call it 'autonomy'). And (second) one's
choice must be real; one must have at
least a certain minimum education and
information. And having chosen, one must
then be able to act; that is, one must
have at least the minimum provision of
resources and capabilities that it takes
(call all of this 'minimum provision').
And none of this is any good if someone
then blocks one; so (third) others must
also not forcibly stop one from pursuing
what one sees as a worthwhile life (call
this 'liberty'). Because we attach such
high value to our individual personhood,
we see its domain of exercise as
privileged and protected. [James Griffin,
On Human Rights, p. 32]
Griffin believes that we can derive a modest
set of human rights from what is required to
protect personhood, and we do this because of
the high value we place on personhood. My
interpretation of what he is saying is that we ascribe
rights to people in order to protect the value
of personhood. I don't think that he is saying
that our rights follow logically from the fact
that we are persons. I could be wrong, but
that's how I read him.
I also want to use Griffin's ideas as a reply
to Ann. Ann challenged me to supply a principle
from which human rights could be derived. I
think she and Dee are both concerned that the
list of our rights can become way to long if we
don't have some principle to limit it. Now
Griffin is proposing that it is not just the
value of being human that grounds our rights, he
is suggesting something a bit more specific. It
is the value of normative agency that matters
here. And that gives us not only a foundation
for our basic rights but a principle that limits
them. For Griffin we only have a basic human
right to what is necessary to preserve normative
agency. That might include a right not to be
tortured, for example, because torture destroys
the capacity for normative agency. But it does
not include anything and everything necessary
for a good life.
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