political science 410/ 511

RIGHTS & HUMAN RIGHTS : Analysis & Justification

 

Second Term, 1999-2000


 

Course Outline

This will be a seminar on the topic of rights, with particular attention to human rights. The seminar will proceed in three stages. The first stage (4 weeks) will focus on the analysis of rights in general (what is meant by "a right"? what kinds of rights can there be?). On this basis, the second stage of the course (4-5 wks) will consider the justification of rights, considering a range of ways in which rights of various kinds might be justified and defended. These justifications will include the traditional natural rights of Hobbes and Locke, consequentialism, natural law, and self-ownership. The final stage of the seminar (3-4 wks) will consider some applications -- positive vs negative rights, group rights, and global human rights.

 

Workload and Requirements

The course will be conducted as a seminar. Participants will be expected to contribute actively in discussions and the seminar may be organized around the presentation of student papers. Participants will also be expected to prepare for the seminar each week by careful reading of the assigned material. Students will also be expected to prepare brief digests (1-2 pp) of the major readings each week. (This may be replaced by pop quizzes)

The reading/research material for this course consists exclusively of the required readings for each seminar. Participants will not be asked to read more than this. All essays can and should be written just on the basis of the required readings.

Two short seminar papers (5-7 pp) will be required during the term, plus a somewhat longer paper at the end of the term. There will be ample choice of topics for all essays.

 

Grades*

Essays: (3 @ equal weight) 80%

Commentary 10%

Oral contributions 10%

* The reading digests -- which must be submitted each week before the seminar -- will be graded only as satisfactory/ unsatisfactory. But they are strictly required; marks (up to two stanines) will be deducted from the final grade for missing digests.

Graduate Students: The course will be taught as a combined undergraduate (411) and graduate (511) course. Graduate students will not be expected to do extra work: they will be expected to do the same work better.

 

Texts

Readings for Political Science 404/511: Rights (a course pack)

 

Essay Requirements

All essays should be terse, analytical, and "positional" -- arguing a definite thesis in relation to some aspect of the readings. Students are encouraged to develop their own views in these essays -- eg, by contesting a specific claim made in the readings, or by arguing a rival thesis on the topic, or (in certain cases) by writing a critical response to a fellow student in the seminar. The only requirement is that the essay argue a specific and explicitly stated thesis ("In this essay I will argue that... ")

 

Topics

ANALYSIS

Jan 11 - introduction

Jan 18 - analysis: what is "a right"? (test case: euthanasia)

Jan 25 - components of rights (test case: euthanasia, cont'd)

Feb 1 - duties and rights, benefits and liberties (test case: animal rights)

Feb 8 - human rights: possibilities and problems (test case: "Klutz" and the butterfly people)

DERIVATIONS

Feb 15 - natural rights: Hobbes (test case: abortion)

Feb 22- reading week

Feb 29- consequentialism (test case: aboriginal self-government)

Mar 7 - natural rights: Locke

Mar 14 -- rights in natural law: Aquinas and Aristotle

APPLICATIONS

Mar 21 - Nozick; positive and negative rights (test case: a right to work?)

Mar 28 - group rights (test case: language rights)

Apr 4 - human rights today (1)

Apr 11 -- human rights today (2) : global human rights


TOPICS & READINGS

All readings are from the course pack (Readings for Political Science 404/511: Rights).

 

Part 1: THE ANALYSIS OF RIGHTS

 

Jan 18 - Analysis: What Is "A Right"? (test case: euthanasia)

Required:

Jones, Forms of Right

Feinberg, The Nature and Value of Rights

McCloskey, Rights

Hill, Servility and Self-respect

test case: Rodriguez v British Columbia

Jan 25 - Components of Rights (test case: euthanasia, cont'd)

Required:

Wellman, A Theory of Rights, chs 1-2

Feinberg, Duties, Rights and Claims

test case: Feinberg, An Unpromising Approach to the "Right to Die"


Feb 1 - Duties and Rights, Benefits and Liberties (test case: animal rights)

Required:

Jones, Benefits, Choices and Titles

Hart, Bentham on Legal Rights

Sumner, Conceptual Alternatives

test case: Feinberg, the Rights of Animals and Unborn Generations


Feb 8 - Human Rights: Possibilities and Problems (test case: "klutz" and the butterfly people)

Required:

Jones, Justifying Human Rights

Hart, "Are There Any Natural Rights?

Wellman, The Development of Human Rights

Husak, Why There Are No Human Rights

Gewirth, Why There Are Human Rights

test case: Pocklington, Against Inflating Human Rights

 

Part 2: DERIVATIONS & JUSTIFICATIONS


Feb 15 - Natural Rights: Hobbes (test case: abortion)

Required:

Macpherson "Natural Rights in Hobbes and Locke

Carmichael,"What Kind of Right is Hobbes' Right of Nature?"

Hobbes, selections from Leviathan, chs 13-14

test case: Thomson, A Defence of Abortion

Brodie Opposition to Abortion: a Human Rights Approach

Recommended:

Universal Declaration on Human Rights (1948)


Feb 22- reading week


Feb 29- Consequentialism (test case: aboriginal self-government)

Required:

Lyons, Utility and Rights

Dworkin, Taking Rights Seriously

test case (1): Rodriguez v British Columbia

test case (2): Pocklington, Aboriginal Canadians and the Right to Self-government

Carmichael, Critique: Aboriginal Self-government

Recommended:

Scanlon, Rights, Goals and Fairness (no longer required)

Mill, Utilitarianism, ch 5 (no longer required)


Mar 7 - Natural Rights: Locke

Required:

Simmons The Lockean Theory of Rights, chs1-2

Locke, Selections from The Second Essay, chs 1-2


Mar 14 -- Rights in Natural Law: Aquinas and Aristotle

Required:

Aquinas, Summa Theologica: selections

McInerny, Ethics

Sigmund, Law and Politics

Finnis, Towards Human Rights

Recommended:

Aristotle, Politics, Book 1, chs 1-2 (no longer required)

Miller, Nature, Justice and Rights in Aristotle's Politics (no longer required)


Part 3: APPLICATIONS


Mar 21 - Nozick; Positive and Negative Rights (test case: a right to work?)

Required:

Nozick Distributive Justice

Taylor Atomism

Shue, Basic Rights

test case: Carmichael, Is There a Right to Work?


Mar 28 - Group Rights (test case: language rights)

Required:

Kymlicka, Individual and Community Rights

Razack, Collective Rights and Women

Reaume, The Group Right to Linguistic Security

Adelman, Refugees: the Right of Return


Apr 4 - Human Rights Today (1)

Required:

Universal Declaration on Human Rights (1948)

Cranston, Human Rights, Real and Supposed

Nussbaum, Patriotism and Cosmopolitanism

Putnam, Must We Choose?

Rorty, Human Rights, Rationality and Sentimentality

Recommended:

Gewirth, "The Basis and Content of Human Rights" (no longer required) Friedman, "A Criticism of Gewirth's Theory" (no longer required)

Lyotard, The Other's Rights (no longer required)

MacIntyre , The Failure of the Enlightenment Project


Apr 11 -- Human Rights Today (2) : Global Human Rights

Required:

Brown Universal Human Rights: A Critique

Parekh, Non-ethnocentric Universalism

Hurrell, Power, Principles and Prudence

Recommended:

International Covenant on Civil and Political Rights (1966)

International Covenant on Economic, Social and Cultural Rights (1966)


Final Paper due: Friday, April 21st