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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 'The Idea of Justice'
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]
|