The priority of morality to law

Amartya Sen considers the importance of the Universal Declaration of Human Rights.

[T]he Declaration took the firm view that human rights do not depend on legislation for recognition. People have these rights simply by virtue of being human. The contention here was that the acknowledgment of a human right is best seen not as a putative legal instrument, but as an important ethical demand–a demand that everyone should have certain freedoms irrespective of citizenship, nationality, and location. Such a recognition would lead to fresh legislation rather than await it. The Declaration championed the priority of morality to law.

That’s useful – the idea that the acknowledgment of a human right should be seen as an important ethical demand rather than as a legal instrument. The ethical demand comes first, then the legal instruments are drawn up in accordance with it.

Such a recognition would lead to fresh legislation rather than await it. The Declaration championed the priority of morality to law. It constituted an open invitation to all to re-organize the world in such a way that the basic freedoms recognized as rights would actually be realized.

Yeah. It’s also an open invitation to all to notice places where that is not happening, and to make ethical demands about them.

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