n South African Journal on Human Rights - Feasibility constraints and human rights : does 'ought' imply 'can'?
|Article Title||Feasibility constraints and human rights : does 'ought' imply 'can'?|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal on Human Rights|
|Affiliations||1 University of the Witwatersrand|
|Publication Date||Jan 2012|
|Pages||483 - 505|
ISI Social Science
Most theorists of human rights believe that human rights are subject to a feasibility constraint. But they tend not to say much about what such a constraint means, or its consequences for a theory of human rights. This lack of clarity has allowed feasibility to become a rhetorical weapon in the hands of conservatives who oppose egalitarian conceptions of human rights. I analyse the concept of a feasibility constraint and argue that a strict feasibility constraint over theories of human rights is not justified. Arguments against egalitarian conceptions of human rights that depend on such a feasibility constraint are therefore flawed.
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