RECONCILING LAW AND MORALITY IN HUMAN RIGHTS DISCOURSE BEYOND THE HABERMASIAN ACCOUNT OF HUMAN RIGHTS PHILOSOPHY AND POLITICS CRITICAL EXPLORATIONS

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Reconciling Law And Morality In Human Rights Discourse

Author : Willy Moka-Mubelo
ISBN : 9783319494968
Genre : Philosophy
File Size : 46.60 MB
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In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Category: Philosophy

Sociological Abstracts

Author : Leo P. Chall
ISBN : STANFORD:36105114623411
Genre : Sociology
File Size : 74.99 MB
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CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.
Category: Sociology

A World Beyond Global Disorder

Author : Fred Dallmayr
ISBN : 9781443891530
Genre : Political Science
File Size : 61.50 MB
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A world which, like ours, has been ravaged by some sixty wars in recent decades, can rightly be described as the scene of global disorder. Even today, the same world is traumatized by hot and cold wars, proxy wars, and repeated outbursts of blood-filled mayhem, not to mention the threat of a nuclear holocaust unleashed by big power rivalries. These are not mere statistics, but wounds in the body of humanity, calling for healing and reconciliation. In biblical terms, human beings are not meant to be the owners or the destroyers of the world, but rather its custodians or caretakers. This collection is a summons to responsible care-taking, and it approaches the subject from an intercultural perspective in a variety of fields, including religion and politics. The topics covered range from accounts of major global calamities today to explorations of possible political, economic and societal reforms, and to the invocation of basic religious and philosophical resources needed for the recovery of a world beyond global disorder.
Category: Political Science