Normative Agency and Cross-Cultural Human Rights in East Asia

According to James Griffin human rights should be grounded in an account of human dignity, based on “normative agency” – the human capacity to choose and pursue a conception of a worthwhile life. In this paper we take up Griffin’s insight that key legitimate human rights are designed to respect and protect this basic capacity, but reject his assumption that normative agency should always and everywhere be understood in a Western way. We argue that “normative agency” is an indeterminate concept that can be differently understood in different cultural contexts and that thinking about human rights in East Asia should be guided by a Griffin-style approach coupled with an account of normative agency with East Asian characteristics. In developing this idea, we contrast our account with recent, moralized conceptions of Confucian dignity and respond to Griffin’s tacit worries about how to concretely implement views like ours in institutional practice.