Justification of human rights: a view from metaethics and the possibility of a non-cognitivist approach

Abstract

In this paper we aim to carry out a review of the concept of agency in two contemporary accounts of the foundation of human rights, in order to show some defects of the naturalistic approach and also to establish the basis for an alternative ground, from a non-cognitivist approach. Thus, we believe it is necessary to determine to what extent the concept of agent took the naturalistic idea of attributing human rights only by virtue of characterically human features. Our thesis claims that this interpretation turns unclear some elements of the contemporary accounts, which can be better understood by means of moral epistemology and metaethics.