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21005 | A human right is not plausible if public scrutiny might reject it [Sen] |
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. | |
From: Amartya Sen (The Idea of Justice [2009], 17 'Scrutiny') | |
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. |