Comments on Nicholas Wolterstorff’s Justice: Rights and Wrongs

Wolterstorff ’s Justice: Rights and Wrongs is a bold and welcome theological defense of human rights, carrying radical implications for moral and legal philosophy. However, Wolterstorff’s concept of the scope of human rights is too comprehensive and thereby paradoxically weakens the force of the human rights claims he rightly champions. Rights claims are not coterminous with obligations generally but represent very distinctive claims, notably the power of individuals to demand specific kinds of forbearance or treatment from specifiable others; Tierney has identified such claims as the ‘subjective natural rights’ uncovered by late medieval thinkers. Our obligations towards one another incorporate a wide and heterogeneous variety of considerations, which do not lend themselves to any kind of neat, formulaic summary but which are specified only in the process of forming practical judgements in concrete cases.