Resumen de On Samantha Besson’s theory of the relationship between moral and legal human rights

Theodor Schilling

• Samantha Besson sees the relationship between moral and legal human rights as one of mutuality.: “legal rights recognize, modify or even create moral rights”, and vice versa. She thus appears to ascribe agency to legal rights, or “the law”, and to moral rights, or morality. This ascription can only be understood as metaphorical: abstract concepts have no agency. Replacing the abstract concepts by human beings, “the law” and morality must be understood as the respective norm-givers. This reveals what is hidden by the metaphorical account: the supposed mutuality is no automatism but depends on the autonomous decision of human beings who are likely to be influenced by extant legal or moral norms, respectively, and/or by the values represented in those norms. The supposed mutuality should thus be seen rather as the result of the sociological influence exercised by extant norms, or the values they represent, on human norm-givers.