The human right to moral freedom and the constitutional right of privacy

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Chapter 4 in Interrogating the Morality of Human Rights, 2023, pp 46-63 from Edward Elgar Publishing

Abstract: The morality of human rights consists both of a general requirement - to “act towards all human beings in a spirit of brotherhood” - and of specific requirements: the various rights set forth in the Universal Declaration of Human Rights and/or in one or more of the several international human rights treaties. The general requirement, as I explained in Chapter 1, grounds the specific requirements. In the previous chapter, I explicated and defended one of the most important specific requirements: the human right to moral equality. In this chapter, I explicate and defend another of the most important specific requirements: the human right to moral freedom. I then explain that the human right to moral freedom is closely related to a right that is part of the constitutional law of the United States: the constitutional “right of privacy.” I also explain why, notwithstanding arguments to the contrary, the right of privacy is legitimately regarded as part of U.S. constitutional law.

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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