21810441 - THEORY OF HUMAN RIGHTS

Today human rights are the dominant moral doctrine for evaluating the moral status of the contemporary geo-political order. In the 20th century a broad consensus has emerged on framing judgment of nations against an international moral code prescribing certain benefits and treatment for all humans. Within many nations, political debates rage over the denial or abuse of human rights. Legal documents to protect human rights have proliferated. The course examines the philosophical basis and content of the doctrine of human rights. It assesses the contemporary significance of human rights, charts the historical development of the concept of human rights, beginning with a discussion of the earliest philosophical origins of the bases of human rights and culminating in some of most recent developments in their codification. It analyses also the formal and substantive distinctions philosophers have drawn between various forms and categories of human rights, the justifications of their claims, and the main criticism currently addressed to them.

Curriculum

teacher profile | teaching materials

Programme

The locution "human rights" denotes a field of action as well as a broad, inter-disciplinary, field of studies. In the first perspective, human rights are generally meant to express a set of minimum standards of conduct a State ought to meet in the treatment of individuals over whom it exercises its jurisdiction. Since the end of World War II international charters, conventions, covenants and declarations have been promulgated stating what basic rights individuals have. Notable efforts have been made to enforce adherence to those rights resulting in the creation of a system of multi-level jurisdiction through a number of international courts. Even though many see human rights as a Western, culturally biased, construction based upon an abstract and atomistic conception of the individual, the notion that for a State to promote and perform cruel and degrading acts is unjust, albeit for different reasons, has become increasingly popular globally. In the second perspective, descriptively human rights are said to be powers or properties belonging to all human beings in virtue of being human. Normatively that all human beings must be able to enjoy certain fundamental rights is a matter of global justice. Today not only theories of human rights, concerned with guiding action, but also theories about human rights, concerned with foundational questions, compete with one another. The course concentreates on the theory of autonomy, vulnerability, recognition and justice by Axel Honneth. There is general agreement about the fact that liberal-democratic societies are based on normative principles, which require legal provisions to ensure that governments do not violate anyone’s fundamental rights. Yet, partially on account of the complexity of the ongoing overlapping global processes of integration, deregulation, reform, and partially on account of the influence of anti-foundational critique (deconstruction; postmodernism; relativism), these widely accepted principles seem to have lost much of their original explanatory and prescriptive force. Contrary to those claiming that this problem consists of a mere temporal delay between philosophical investigation and practical application Honneth argues that more is needed than time, hope and persistence to transform theoretically developed principles of freedom and justice into guidelines for political action. In his view the normative principles at the heart of the human rights discourse are formulated in a manner that prevents us from deriving guidelines for political action. In particular, the course will examine the model of normative reconstruction that Honneth developed in neo-Hegelian fashion for the purpose of situating his own theory of justice as recognition in the analysis of the variety of historically determined institutional instances and practices that embody existentially significant claims to realization.

CONTENT OF THE COURSE PROGRAMME -

- Human rights in the philosophical perspective: ontological and epistemological approaches
- The psychological foundation of the fruition of fundamental rights: self-respect, self-trust and self-esteem
- The struggles for recognition and the moral grammar of social conflict: the analysis of society as a theory of justice
- The right to freedom and the social foundation of democratic ethical life
- The reasons for the existence of legal and moral freedom and their pathological turn
- Social freedom and the three registers of the ‘We’ of personal relationships
- Recognition and the free market: the sphere of consumption, labour markets and environmental sustainability
- Human rights in contemporary ethical debates
- Moral reflection, rights and legislation
- Rights and duties
- The challenges of our time

This course is taught in Italian.

Core Documentation

1) HONNETH, Axel, "Il diritto della libertà. Lineamenti per un’eticità democratica", trad. C. Sandrelli, Codice Edizioni, Torino 2015 (si esclude la parte finale del libro, ovvero le pagine 358-481).

2) HONNETH, Axel, ANDERSON, Joel., "Autonomia, vulnerabilità, riconoscimento e giustizia", in "Lotte, riconoscimento, diritti", a cura di Carnevale, A., Strazzeri, I., Morlacchi Editore, Perugia 2011, pp. 107-142 (l'articolo in questione è reperibile nella sezione FILES del Team TEORIA DEI DIRITTI UMANI AA2023/2024 sulla piattaforma MICROSOFT TEAMS). In the case of denied access to the platform TEAMS and for any difficulties in acquiring the article in question, please, contact the teacher promptly.

3) PONGIGLIONE, Francesca, "I diritti umani nel dibattito etico contemporaneo", Carocci, Roma 2019.


Type of delivery of the course

Class proceedings consist of inter-active lectures based upon the use of the ‘Socratic method’. Each session introduces the students to a specific topic through expository and exegetical work. The teacher will draw attention to the key points in the texts on the basis of adequate contextualization, and to difficulties of interpretation. The teacher will also refer to the key issues in current debates through relevant examples, cases and comparisons. Each session, for which students have read materials previously assigned, requires active participation. Debating is an indispensable feature of class proceedings. The possible contribution by one or two qualified guest-lecturers will be sought and audio-video materials will be employed for support.

Attendance

Class attendance is not compulsory. It is warmly advised in order to increase the level of understanding of the subject-matter.

Type of evaluation

The course ends with a final oral exam.

teacher profile | teaching materials

Programme

The locution "human rights" denotes a field of action as well as a broad, inter-disciplinary, field of studies. In the first perspective, human rights are generally meant to express a set of minimum standards of conduct a State ought to meet in the treatment of individuals over whom it exercises its jurisdiction. Since the end of World War II international charters, conventions, covenants and declarations have been promulgated stating what basic rights individuals have. Notable efforts have been made to enforce adherence to those rights resulting in the creation of a system of multi-level jurisdiction through a number of international courts. Even though many see human rights as a Western, culturally biased, construction based upon an abstract and atomistic conception of the individual, the notion that for a State to promote and perform cruel and degrading acts is unjust, albeit for different reasons, has become increasingly popular globally. In the second perspective, descriptively human rights are said to be powers or properties belonging to all human beings in virtue of being human. Normatively that all human beings must be able to enjoy certain fundamental rights is a matter of global justice. Today not only theories of human rights, concerned with guiding action, but also theories about human rights, concerned with foundational questions, compete with one another. The course concentreates on the theory of autonomy, vulnerability, recognition and justice by Axel Honneth. There is general agreement about the fact that liberal-democratic societies are based on normative principles, which require legal provisions to ensure that governments do not violate anyone’s fundamental rights. Yet, partially on account of the complexity of the ongoing overlapping global processes of integration, deregulation, reform, and partially on account of the influence of anti-foundational critique (deconstruction; postmodernism; relativism), these widely accepted principles seem to have lost much of their original explanatory and prescriptive force. Contrary to those claiming that this problem consists of a mere temporal delay between philosophical investigation and practical application Honneth argues that more is needed than time, hope and persistence to transform theoretically developed principles of freedom and justice into guidelines for political action. In his view the normative principles at the heart of the human rights discourse are formulated in a manner that prevents us from deriving guidelines for political action. In particular, the course will examine the model of normative reconstruction that Honneth developed in neo-Hegelian fashion for the purpose of situating his own theory of justice as recognition in the analysis of the variety of historically determined institutional instances and practices that embody existentially significant claims to realization.

CONTENT OF THE COURSE PROGRAMME -

- Human rights in the philosophical perspective: ontological and epistemological approaches
- The psychological foundation of the fruition of fundamental rights: self-respect, self-trust and self-esteem
- The struggles for recognition and the moral grammar of social conflict: the analysis of society as a theory of justice
- The right to freedom and the social foundation of democratic ethical life
- The reasons for the existence of legal and moral freedom and their pathological turn
- Social freedom and the three registers of the ‘We’ of personal relationships
- Recognition and the free market: the sphere of consumption, labour markets and environmental sustainability
- Human rights in contemporary ethical debates
- Moral reflection, rights and legislation
- Rights and duties
- The challenges of our time

This course is taught in Italian.

Core Documentation

1) HONNETH, Axel, "Il diritto della libertà. Lineamenti per un’eticità democratica", trad. C. Sandrelli, Codice Edizioni, Torino 2015 (si esclude la parte finale del libro, ovvero le pagine 358-481).

2) HONNETH, Axel, ANDERSON, Joel., "Autonomia, vulnerabilità, riconoscimento e giustizia", in "Lotte, riconoscimento, diritti", a cura di Carnevale, A., Strazzeri, I., Morlacchi Editore, Perugia 2011, pp. 107-142 (l'articolo in questione è reperibile nella sezione FILES del Team TEORIA DEI DIRITTI UMANI AA2023/2024 sulla piattaforma MICROSOFT TEAMS). In the case of denied access to the platform TEAMS and for any difficulties in acquiring the article in question, please, contact the teacher promptly.

3) PONGIGLIONE, Francesca, "I diritti umani nel dibattito etico contemporaneo", Carocci, Roma 2019.


Type of delivery of the course

Class proceedings consist of inter-active lectures based upon the use of the ‘Socratic method’. Each session introduces the students to a specific topic through expository and exegetical work. The teacher will draw attention to the key points in the texts on the basis of adequate contextualization, and to difficulties of interpretation. The teacher will also refer to the key issues in current debates through relevant examples, cases and comparisons. Each session, for which students have read materials previously assigned, requires active participation. Debating is an indispensable feature of class proceedings. The possible contribution by one or two qualified guest-lecturers will be sought and audio-video materials will be employed for support.

Attendance

Class attendance is not compulsory. It is warmly advised in order to increase the level of understanding of the subject-matter.

Type of evaluation

The course ends with a final oral exam.