Philosophy 764: Selected Topics in Social and Political Philosophy
Basic Rights and Human Rights: Moral Theory and Legal Practice
Fall 2014
UH 316, 11am-1:30pm
V. Igneski
Office: University Hall, 307
Office hours: Monday 2-3, Wednesday 10-11 and by appointment
E-mail: igneski@mcmaster.ca
I. Course Description:
This course will be divided into two parts. First, we will read Henry Shue’s influential account of basic
rights. We will consider Shue’s argument that persons have basic rights to both security and subsistence
and that both of these rights give rise to significant obligations (both positive and negative). We will
evaluate his arguments and consider its impact especially on the widely held distinction between
negative and positive duties and on the theory and practice of human rights.
Building on Shue’s analysis, we will consider a recent critique of philosophical accounts of human rights
raised by Allen Buchanan. We will consider the differences between moral rights and legal rights,
particularly how they are to be justified and the nature and scope of the duties to which they give rise.
Buchanan argues that international legal human rights are the heart of human rights practice and that
we must go beyond moral theorizing in order to justify both particular rights and the system of human
rights as a whole. We will engage with his arguments and explore the contributions philosophers can
make to the current debate on human rights.
II. Readings:
1. Henry Shue, Basic Rights: Subsistence, Affluence and U.S. Foreign Policy, 2nd Edition, (Princeton
University Press, 1996).
2. Allen Buchanan, The Heart of Human Rights (Oxford University Press, 2013).
III. Course Requirements
1. Weekly readings and participation in class discussion.
2. 8 reflective commentaries on weekly readings (1-2 pages): 25%.
• To be uploaded to Avenue before the start of class.
3. Seminar Presentation: 25%
• 30 minute oral presentation with the aim of facilitating class discussion.
• Include either a handout for class or a PowerPoint presentation.
4. Major Paper 50% (12-15 pages)
• Proposal (thesis statement and brief outline) and preliminary bibliography due November 21.
• Due December 12.
• Paper to be handed in electronically on Avenue. Late papers penalized 5% per day.
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IV. Schedule of Readings
Week 1 (September 12):
• Course Overview and Administrative Details
Week 2 (September 19):
• Shue, Introduction, Chapters 1 and 2.
Week 3 (September 26):
• Shue, Chapter 3, 4 and 5.
Week 4 (October 10):
• Shue, Chapter 6 and Afterward.
Week 5 (October 17):
• Buchanan, Chapter 1 and journal article TBA
Week 6 (October 24):
• Buchanan, Chapters 2 and 3
Week 7 (October 31): Mid-term break
Week 8 (November 7):
• Buchanan, Chapter 4
Week 9 (November 14):
• Buchanan, Chapters 5 and 6
•
Week 10 (November 21): Rawls and Toleration
• Buchanan, Chapters 7 and 8
Week 11 (November 28):
• Articles TBA