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Association: Name: The Midwest Political Science Association URL: http://www.indiana.edu/~mpsa/
Citation: URL: http://www.allacademic.com/meta/p82840_index.html Direct Link: HTML Code:

Hamilton, Charles. "The Nonexistence of Human Rights" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 15, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p82840_index.html>

Hamilton, C. S. , 2004-04-15 "The Nonexistence of Human Rights" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois <Not Available>. 2009-05-26 from http://www.allacademic.com/meta/p82840_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Human rights do not exist. Human rights are rights that belong to human beings simply by virtue of being human. A right to X indicates that an individual has, or ought to have, a legitimate claim to X that obligates other individuals not to deny the individual X and obligates the government to protect the individual's possession of X. Given this understanding of rights, to qualify as a right, a proposed right must meet at least two minimal conditions. The first is that there actually are other individuals to be so obligated. The second is that there is an effective government mechanism for protecting the object of the proposed right. Human beings may inhabit circumstances or contexts in which either or both conditions are not met without losing their humanity. In such circumstances or contexts, it would be inconsistent to claim that such human beings would continue to possess rights. Since there are circumstances or contexts in which it does not make sense to claim that a human being has a right to anything, human rights cannot exist. Human beings cannot have rights simply by virtue of being human. Rights have to be founded on an alternative basis.

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