more on this theme     |     more from this text

Single Idea 21005

[filed under theme 23. Ethics / B. Contract Ethics / 9. Contractualism ]

Full Idea

The force of a claim for a human right would indeed be seriously undermined if it were possible to show that it is unlikely to survive open public scrutiny.

Gist of Idea

A human right is not plausible if public scrutiny might reject it

Source

Amartya Sen (The Idea of Justice [2009], 17 'Scrutiny')

Book Ref

Sen, Amartya: 'The Idea of Justice' [Penguin 2010], p.387

A Reaction

This is a public aspect of Scanlon's 'contractualist' approach to ethics. You can hardly disagree with the idea, though anti-racist legislation in a strongly racist society might be a good test case.

Related Idea

Idea 20992 Right and wrong concerns what other people cannot reasonably reject [Scanlon]

The 23 ideas from Amartya Sen

20980 You don't need a complete theory of justice to see that slavery is wrong [Sen]
20979 Democracy needs more than some institutions; diverse sections of the people must be heard [Sen]
20978 Practical justice concerns not only ideals, but ways to achieve them [Sen]
20982 In politics and ethics, scrutiny from different perspectives is essential for objectivity [Sen]
20981 What justifies reliance on reason? Is it just a tool? Why is it better than blind belief? [Sen]
20983 The original position insures that the agreements reached are fair [Sen]
20984 A social contract limits the pursuit of justice to members of a single society [Sen]
20985 Our institutions should promote justice, rather than embodying it [Sen]
20986 A person's voice may count because of their interests, or because of their good sense [Sen]
20988 Freedom from torture or terrorist attacks is independent of citizenship [Sen]
20987 The veil of ignorance encourages neutral interests, but not a wider view of values [Sen]
20990 Rationality is conformity to reasons that can be sustained even after scrutiny [Sen]
20993 Eradicating smallpox does not impoverish nature [Sen]
20994 We must focus on removing manifest injustice, not just try to design a perfect society [Sen]
20995 Capabilities are part of freedom, involving real opportunities [Sen]
20998 Freedom can involve capabilities, independence and non-interference [Sen]
20997 The need for equality among people arises from impartiality and objectivity [Sen]
20996 All modern theories of justice demand equality of something [Sen]
20999 Democracy as 'government by discussion' now has wide support [Sen]
21000 If justice needs public reasoning, which needs democracy, then justice and democracy are linked [Sen]
21001 Famines tend to be caused by authoritarian rule [Sen]
21002 Effective democracy needs tolerant values [Sen]
21005 A human right is not plausible if public scrutiny might reject it [Sen]