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Subject: Philosophy  Book Title: Which Rights Should Be Universal?
Which Rights Should Be Universal?
Talbott, William Professor of Philosophy, University of Washington
Print publication date: 2005
Published to Oxford Scholarship Online: April 2005
Print ISBN-13: 978-0-19-517347-5
doi:10.1093/0195173473.001.0001
 
Abstract: In this book, William Talbott builds on the work of J.S. Mill, John Rawls, and Jürgen Habermas to develop a new equilibrium model for moral reasoning, in which moral reasoning is primarily bottom-up, from judgments about particular actual and hypothetical cases to norms or principles that best explain the particular judgments. Employing the equilibrium model, Talbott builds on the work of John Rawls, Amartya Sen, and Henry Shue to explain how, over the course of history, human beings have learned to adopt a distinctively moral standpoint from which it is possible to make reliable, though not infallible, universal judgments of right and wrong. He explains how this distinctively moral standpoint has led to the discovery of the moral importance of nine basic human rights. The book is constructed around pivotal examples. Talbott uses the example of Bartolomé de Las Casas and his opposition to the Spanish colonists’ treatment of the American natives in the 16th century to illustrate the possibility of attaining a universal moral standpoint. He uses the example of the development of women's rights as a microcosm of the development of basic human rights. He argues that assertions of basic human rights are almost always a response to oppressive norms justified by self-reinforcing paternalism. Talbott uses examples from Marxist dictatorships to show the importance of basic human rights in solving what he refers to as the reliable feedback problem and the appropriate responsiveness problem for governments. He uses Sen’s research on famines and psychological research on the ultimatum game and other related games to explain how individual fairness judgments from the moral standpoint make rights-respecting democracies self-improving self-regulating systems that become more just over time. Undoubtedly, the most controversial issue raised by the claim of universal human rights is the issue of moral relativism. How can the advocate of universal rights avoid being a moral imperialist? In this book, Talbott shows how to defend basic individual rights from a universal moral point of view that is not imperialistic. Talbott avoids moral imperialism, first, by insisting that all of us, himself included, have moral blindspots and that we usually depend on others to help us to identify those blindspots; second, by emphasizing the importance of avoiding moral paternalism. In the book, Talbott develops a new consequentialist account of the importance of the basic human rights, which he employs to augment the more familiar nonconsequentialist accounts.

Keywords: autonomy, consequentialism, democratic rights, empathy, fairness, human rights, justice, Moral Discovery paradigm, moral epistemology, moral imperialism, moral relativism, moral standpoint, nonconsequentialism, original position, paternalism, Proof paradigm, John Rawls, Amartya Sen, universal norms, veil of ignorance, women's rights
Table of Contents
1. INTRODUCTION
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2. THE PROOF PARADIGM AND THE MORAL DISCOVERY PARADIGM
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3. CULTURAL RELATIVISM ABOUT HUMAN RIGHTS
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4. AN EPISTEMICALLY MODEST UNIVERSAL MORAL STANDPOINT
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5. THE DEVELOPMENT OF WOMEN'S RIGHTS AS A MICROCOSM OF THE DEVELOPMENT OF HUMAN RIGHTS
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6. AUTONOMY RIGHTS
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7. POLITICAL RIGHTS
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8. CLARIFICATIONS AND OBJECTIONS
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9. CONCLUSION
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Bibliography
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Index
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doi:10.1093/0195173473.001.0001
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