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What Makes a Human Right? with Aidan Ferrier | How to Think Like a Lawyer

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In the third episode of How to Think Like a Lawyer, Alexander is joined by Aidan Ferrier, a human rights and international law scholar, for a conversation about some of the hardest questions at the intersection of law, morality, philosophy and human rights: what makes a right a human right, can something be legal but morally wrong, and what should lawyers do when the law conflicts with their own beliefs?

Aidan brings his experience studying Scots law, English law and international human rights law, including postgraduate study in the Netherlands, to explore how different legal systems can change the way we understand law. The conversation examines why international law requires lawyers to think beyond simply identifying a legal rule, taking into account politics, state behaviour, international relations and how countries actually operate.

The interview then moves into human rights philosophy, exploring whether human rights are truly universal or whether they are better understood through a positivist approach — asking what rights people actually have access to and what rights are protected by governments, legislation and states.

A major focus is the relationship between law and morality. Alexander and Aidan examine whether something can be completely legal while still being morally wrong, using historical examples to explore how legal systems change. They then consider what a lawyer should do when their own moral beliefs conflict with the law, and whether professional advocacy can be separated from personal morality.

The conversation also explores conflicts between human rights, including the tension between freedom of expression, freedom of the press and the right to privacy. Aidan explains why courts often need to balance competing rights on a case-by-case basis.

Alexander and Aidan then consider whether some human rights should never be limited, including the right to life, freedom from slavery and freedom from torture, before examining the relationship between democracy, public opinion and legal rights. They discuss whether the law should always reflect society's values or whether experts should sometimes influence complex legal and policy decisions.

The interview then turns to Aidan's research into human rights and climate change. They explore the challenge of using an individual-focused area of law to address a collective global problem, discussing climate litigation, vulnerable groups and whether communities should be able to pursue environmental rights collectively.

Aidan also considers what a new human right could look like, arguing for a fully justiciable right to a clean and healthy environment in the UK. The discussion examines what recognising such a right could mean in practice, including further human rights and climate litigation.

Finally, the conversation addresses misconceptions surrounding human rights and the European Court of Human Rights in the UK. Aidan challenges the idea that international human rights protections are simply imposed on Britain from outside, discussing the UK's decision to participate in the European human rights system and its role in protecting rights.

Topics covered include: human rights law, international law, legal philosophy, law and morality, human rights theory, positivism, natural law, Scots law, English law, the European Court of Human Rights, freedom of expression, freedom of the press, privacy, the right to life, freedom from torture, slavery, democracy, public opinion, climate change, environmental rights, climate litigation, the right to a clean and healthy environment, legal advocacy and the limits of law.

How to Think Like a Lawyer — Episode 03: What Makes a Human Right? with Aidan Ferrier

Featured Guest

Aidan Ferrier

Aidan Ferrier

Guest

Key Takeaways

  • Aidan Ferrier is a human rights and international law scholar with expertise in Scots law, English law, and international human rights law, including postgraduate study in the Netherlands.
  • The episode explores whether human rights are universal or better understood through positivism—examining what rights people actually have access to versus what rights are protected by governments and states.
  • Courts often balance competing human rights on a case-by-case basis, such as tensions between freedom of expression, freedom of the press, and the right to privacy.
  • Aidan argues for a fully justiciable right to a clean and healthy environment in the UK as a new human right to address climate change as a collective global problem.

Frequently Asked Questions

Can something be legal but morally wrong?

The episode examines this question using historical examples to explore how legal systems change, suggesting that law and morality are not always aligned.

What should lawyers do when their moral beliefs conflict with the law?

The episode considers whether professional advocacy can be separated from personal morality, though specific guidance is not provided in the notes.

Are some human rights never to be limited?

The episode examines rights including the right to life, freedom from slavery, and freedom from torture as potential non-derogable rights.

What is Aidan's position on a right to a clean and healthy environment?

Aidan argues for a fully justiciable right to a clean and healthy environment in the UK, which could lead to further human rights and climate litigation.