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Bentham's Critique of Natural Rights and Utilitarianism
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벤담의 자연권 비판과 공리주의

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Type
Academic journal
Author
Kang Joon-Ho (경희대학교)
Journal
고려대학교 철학연구소 철학연구 철학연구 제64호 KCI Accredited Journals
Published
2021.10
Pages
111 - 146 (36page)

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Bentham's Critique of Natural Rights and Utilitarianism
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Bentham’s critique of natural rights has been often cited as a typical reference concerning human rights problem in many criticisms of utilitarianism. In his analysis of “Declaration of the Rights of Man and of the Citizen” adopted by French National Assembly in 1789, he dismissed the claim of natural and inviolable rights of humanity as “nonsense upon stilts.” This has been considered a clear evidence that he denied human rights or moral rights in general. His critique of natural rights and analysis of “Declaration of the Rights” may be assessed in the positive way, such as that they led to seeking a new foundation of human rights and presented certain vital conditions of rights claims. From this perspective on the whole, I will summarize Bentham’s critique of natural law and natural rights theories, and examine his arguments attacking on the vulnerability of the ontological basis of these theories. From this examination, it becomes clear that his critique of natural rights was an inevitable conclusion from the demystifying work of modern enlightenment. Next, I will examine the plausibility of his utilitarian persuasions which underlie his analysis of “Declaration of the Rights.” In this examination, it will be noted that his analysis presents some indispensable conditions of any rights claim. Lastly, I will look into some questions on his analysis and some possible answers to them, and then briefly put together his basic position regarding to human rights or moral rights. His utilitarian viewpoint does not provide such a foundation of rights as today’s rights advocates typically demand. His basic position on this matter comes down to some kind of philosophical realism, asserting that rights must be correspondent with the institutional reality of society and that today’s generation cannot determine the rights of future generations.
#벤담 #자연권 #인권선언 #공리주의 #오류 #Bentham #natural rights #declaration of the rights #utilitarianism #fallacy

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