Philosophy Department

Theories of Human Rights
(PHLU 3137)

C. Kelbley

This course is an introduction to the philosophy of human rights and presupposes no previous familiarity with the subject.  The aim of the course is twofold.  The first aim is to familiarize students with the law of human rights, including the philosophical and moral background preceding the emergence of modern conceptions of human rights, along with the related international political and moral contexts that characterized and continues to affect that emergence to our times.   This will involve extensive reading of major human rights instruments and documents, starting with the Universal Declaration of Human Rights and subsequent covenants, conventions, and treaties that chronicle the further (and complex) development of human rights in the latter half of the 20^th century up to today.  The second aim of the course is to survey a number of current topics and issues, such as massive human rights tragedies and prosecutions; whether human rights law trump U.S. domestic law; and especially the incidence or use of torture in the war against terrorism.  The last subject will involve an update on torture, including material on United States government policy, such as its reservation to its ratification of the Convention against Torture; alleged conflicts between the U.S. Constitution’s Eighth Amendment (“cruel and unusual punishments”) and “torture” within human rights instruments; and recent legislation bearing on the question of torture after the events of 11 September.  Course requirements include several short papers on assigned topics and a longer paper on an approved human rights issue