1. What is a right? What are human rights? How does Henkin define human rights? What are the “intuitions and principles” that Henkin distills from current national and international human rights instruments? Given Henkin’s statement that “[i]n sum, the idea of human rights is that the individual counts” would you consider the concept of human rights as excessively individual oriented? In what sense would you see human rights as claims “against” society, especially in today’s world? (Henkin, pp. 2-5)
2. Are there human rights “violations” in the stories in the reading by Alston, and Goodman? Which human rights are implicated in each of the stories? What is the source of the obligations identified? Who is the agent responsible for the violations and what sort of remedies might be invoked to satisfy such claims of violations? (Alston & Goodman, pp. 3-17)
Sri Lanka, NAACP, Women Equal Rights, UN Fears, Women Arab Spring,
Guatemala, NATO Libya, William Easterly, Wronged Women Liberia, UN Chief
David Cameron, China Moves, Hungary Pressed, Mali Junta, Supreme Court
3. In your view, which human rights are the most important? Prepare a list which you will share with the rest of the class in the class exercise.
Concept of Right: Hohfeld:
4. How does Hohfeld define – Right? Privilege? Power? Immunity? What are Jural Correlatives? What are Jural Opposites? (Can there be a duty without a right?) (Hohfeld, pp. 16, 28-33, 44-46, 55)
Jural Opposites Rights Privilege Power Immunity
No-rights Duty Disability Liability
Jural Correlatives Right Privilege Power Immunity
Duty No-right Liability Disability
Sample Solution
