Theoretical foundations for human rights

Bufacchi, Vittorio

Theoretical foundations for human rights

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Accepted version

Date

2017-09-27

Authors

Bufacchi, Vittorio

Publisher

Sage Publications

Published Version

10.1177/0032321717723510

Abstract

This article explores an alternative to the established dichotomy between philosophical (natural law) accounts of human rights, characterized by a foundationalist tendency, and political (practice-based) accounts of human rights, which aspire to be non-foundationalist. I argue that in order to justify human rights practice, political accounts of human rights cannot do without the support of theoretical foundations, although not necessarily of the natural-law variety. As an alternative to natural-law metaphysics, a deflationary theory of human rights, based on a deflationary account of truth, is put forward. Starting from a distinction between ‘extreme’ and ‘moderate’ forms of deflationism, this article defends a constructivist theory of human rights grounded on the Humean notion of conventionalism. This innovative approach to human rights provides political conceptions of human rights with the foundations (or quasi-foundations) they need, but are currently lacking.

Keywords

Deflationary , Truth , Foundationalism , Human rights , Foundations , Deflationism , Hume , Conventionalism

Citation

Bufacchi, V. (2018) 'Theoretical Foundations for Human Rights', Political Studies, In Press. doi:10.1177/0032321717723510