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4 - A Frayed Quilt

Our Lost, Imperfect, and Unimagined Civil Rights

Published online by Cambridge University Press:  11 July 2019

Robin L. West
Affiliation:
Georgetown University, Washington DC
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Summary

As discussed in the prior chapter, a civil right, according to Paine’s Rights of Man, is “founded in,” or originates in, a “natural right.” Every civil right, Paine argued, “has as its foundation” a preexisting natural right. And what are “natural rights”? Natural rights generally were understood by Paine and his contemporaries as those rights we have by virtue of our humanity – they speak to a universally shared human quality, need, attribute, or potentiality – against any state in which they find themselves, in order to live good and decent lives. I modernized and elaborated on this part of Paine’s definition in the last chapter by borrowing from Martha Nussbaum and Amartya Sen’s now-familiar conception of “human flourishing” (although not in all respects the content they give it) as the end, or point, of decent legal systems: natural rights are those rights held against states, but also to states, and to state law, that are essential to human flourishing.

Type
Chapter
Information
Civil Rights
Rethinking their Natural Foundation
, pp. 182 - 217
Publisher: Cambridge University Press
Print publication year: 2019

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  • A Frayed Quilt
  • Robin L. West, Georgetown University, Washington DC
  • Book: Civil Rights
  • Online publication: 11 July 2019
  • Chapter DOI: https://doi.org/10.1017/9781108623261.005
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  • A Frayed Quilt
  • Robin L. West, Georgetown University, Washington DC
  • Book: Civil Rights
  • Online publication: 11 July 2019
  • Chapter DOI: https://doi.org/10.1017/9781108623261.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • A Frayed Quilt
  • Robin L. West, Georgetown University, Washington DC
  • Book: Civil Rights
  • Online publication: 11 July 2019
  • Chapter DOI: https://doi.org/10.1017/9781108623261.005
Available formats
×