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3 Hum. Rts. Q. 147 (1981)
Human Rights: Thirty Years after the Universal Declaration

handle is hein.journals/hurq3 and id is 445 raw text is: Book Reviews

other sense is never explained and can-
not be surmised from the details of the
argument.
Shue also conceives of a right as a
rational basis for demanding that one's
enjoyment of a substance be socially
guaranteed against standard threats.
This may well be so. I am inclined to
agree that society ought to protect the
individual in the enjoyment of his or
her rights, although I would add that
this is only a prima facie obligation.
Nevertheless, I am bothered by the way
in which Shue takes this to be intrinsic
to the very concept of a moral right.
More likely that the state ought to pro-
tect the rights of the individual is a
moral principle standing in need of
some independent justification rather
than an analytic truth. In any event,
one must be perfectly clear on the pre-
cise connection between the right and
the protection of the right. Shue's argu-
ment for the existence of a basic right
to subsistence hinges on this connec-
tion. It seems to me that he wants to
argue from the existence of any moral
right at all plus the fact that subsistence
is necessary to the enjoyment of that
right, that the state ought to protect
the individual in the enjoyment of sub-
sistence. Thus far his argument strikes
me as compelling. But just how does
this establish the actual existence of a
moral right to subsistence rather than,
for example, that the individual ought
to have a legal right to subsistence?
One needs a fuller explanation of just
how protection enters into the concep-
tion of a moral right and why.
In a way, my complaints are unfair.
Basic Rights does not pretend to be a
major contribution to a general theory
of rights. Its primary concern is with
our moral interpretation and response
to a world in which some people enjoy
affluence and others live, if they do not

starve, in dire poverty. It articulates a
conception of basic rights that speaks
to the suffering of the needy and pro-
vides moral guidance to those of us
fortunate enough to be in a position to
help. Its strengths are its intellectual
honesty in facing the hard challenges
to the conception of a right to subsis-
tence, its imaginative argument to show
that a basic right to subsistence should
be taken seriously, and its application
of a moral theory to United States for-
eign policy. Its Achilles heel is the con-
cept of a right it employs. To an ana-
lytic philosopher this weakness is clear,
but to a moral agent, a responsible citi-
zen, or conscientious politician seeking
guidance, this is a minor flaw in a
volume full of moral insight. And to
the moral philosopher wondering
whether there really can be any eco-
nomic human rights, Basic Rights is also
invaluable, both because it can prevent
us from dismissing such rights prema-
turely, and because it reveals what re-
mains undone to define and establish
them.
-Carl Wellman
Washington University
HUMAN RIGHTS: THIRTY YEARS
AFTER THE UNIVERSAL DECLARA-
TION, edited by B.G. Ramcharan.
(The Hague: Martinus Nijhoff, 1979)
274 pp.
So much is written and spoken today
about the international promotion and
protection of human rights that one
tends to forget its status as a relatively
new subject in world affairs. From the
beginning of the modern state system
in 1648 until the charter of the United
Nations in 1945, the relation of citizens
to their governments was considered

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