Joseph Raz on Human Rights: A Critical Appraisal

Abstract

This chapter presents a response to the account of human rights presented in the previous chapter. It considers the chapter's objections to humanism. It argues that deciding on the proper scope of human rights involves a balancing act: on the one side, only listing rights that are essential to protect basic interests, and ensuring that the interests of the right-holder are properly weighed against the interests of others whose freedom and opportunities would be restricted by recognizing the right; on the other side, ensuring that the protection offered is adequate to protect the right-holder from various likely threats that the modern state order creates. Achieving this balance may require drawing upon both the resources found in humanist and those found in political theories.