A New Philosophy of Human Rights

The philosophy of human rights has stalled over a debate between orthodox theorists committed to a moral understanding of human rights and political theorists who adopt a positivist approach. A New Philosophy of Human Rights challenges both, offering a novel deliberative account that bridges this divide.

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The philosophy of human rights has, in recent years, revolved around a supposed dilemma. On the one hand, some contend that the normative system of human rights should be understood from a moral point of view that is independent of conventional practice of human rights. Others contend that the normative system of human rights should be understood from a point of view that is internal to the practice of human rights. A New Philosophy of Human Rights: The Deliberative Account takes on the ambitious task of offering a new philosophy of human rights grounded in the proposition that the current debate is centered on a mistaken assumption. After identifying this error, Joshua J. Kassner develops a novel philosophical account grounded in a deliberative process that leverages the epistemic and practical functions of the practice of human rights, bridging the divined between orthodox and political accounts and promising a more hopeful and constructive future for the philosophy of human rights. The book ends with suggestions for institutional design and reform to transform the promise into reality.