Document Type : Original Article
Shahid beheshti university
shahid beheshti. faculty of law, Tehran, Iran
One of the readings of virtue ethics is eudaimonist virtue ethics. Explaining the human flourishing features and emphasizing the necessity of self-direction, Rasmussen and Den Uyl state that the approach of Aristotelian virtue ethics may be considered as a foundation for individual rights and, then, as the main basis for a liberal neutral minimal state. They consider individual rights as a meta-normative principle, because it is associated with the creation and justification of a political-legal ground that has been ensured and provided the possibility of pursuit of human flourishing. To criticize this view, it should be stated that it has a consequentialist approach despite this theory emphasizes presenting a virtue ethics-based theory of the rights with a neo-Aristotelian approach and it is not sufficiently based on the Aristotelian view. Rasmussen and Den Uyl try to introduce human flourishing as a determinant factor for justifying individual rights, but, they don’t introduce any virtue as a basis and source of Human Rights.