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Law & Ethics of Human Rights | 2015

The Limits of Moral Intuitions for Human Rights Advocacy

Andrew Keane Woods

Abstract The central ambition of human rights advocacy is to get people to care, who might otherwise not, about the suffering of others. To accomplish this, human rights advocates often appeal to moral intuitions by telling stories that evoke moral outrage, indignation, or guilt. Are these sorts of appeals a good way to promote human rights? The conventional wisdom suggests that they are. But perhaps the conventional wisdom is incomplete – perhaps human rights advocates should treat moral intuitions with skepticism rather than uncritical embrace. In this brief essay, I argue that appeals to moral intuitions are problematic because moral intuitions can lead people to make decisions that are suboptimal from the standpoint of the human rights regime’s goals. I attempt to show, in other words, that one of the great assets of the human rights regime – its ability to harness our strong intuitive reaction to the suffering of others – is also one of its great limitations. To make this argument, I draw from the mind sciences literature on moral decision-making. The latest research in this domain suggests that our moral intuitions are fallible. A number of studies have shown, for example, that moral outrage and indignation can cause people to make decisions that they would not defend under cooler conditions. I focus on three particular sorts of moral judgment biases and explore their implications for human rights advocacy. I then evaluate two different normative claims one might make about these moral judgment biases and offer several concluding thoughts.


Archive | 2011

Psychic Numbing and Mass Atrocity

Paul Slovic; David Zionts; Andrew Keane Woods; Ryan Goodman; Derek Jinks


Archive | 2012

Understanding Social Action, Promoting Human Rights

Ryan Goodman; Derek Jinks; Andrew Keane Woods


Archive | 2015

Data Beyond Borders: Mutual Legal Assistance in the Internet Era

Andrew Keane Woods


Virginia Journal of International Law | 2011

Moral Judgments & International Crimes: The Disutility of Desert

Andrew Keane Woods


Stanford Law Review | 2016

Against Data Exceptionalism

Andrew Keane Woods


Chicago Journal of International Law | 2012

Toward a Situational Model for Regulating International Crimes

Andrew Keane Woods


Archive | 2018

Litigating Data Sovereignty

Andrew Keane Woods


Vanderbilt Law Review | 2017

The Transparency Tax

Andrew Keane Woods


Archive | 2017

Mutual Legal Assistance in the Digital Age

Andrew Keane Woods

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Derek Jinks

University of Texas at Austin

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