书目名称 | Reconciling Law and Morality in Human Rights Discourse |
副标题 | Beyond the Habermasi |
编辑 | Willy Moka-Mubelo |
视频video | http://file.papertrans.cn/825/824161/824161.mp4 |
概述 | Understands human rights both as moral and legal rights and not simply as moral rights or legal rights.Takes an approach different from the traditional approach to human rights.Challenges the commonly |
丛书名称 | Philosophy and Politics - Critical Explorations |
图书封面 |  |
描述 | .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 |
出版日期 | Book 2017 |
关键词 | Jürgen Habermas; Human dignity; Human rights; Responsibility to protect; Classical Liberalism; Civic Repu |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-319-49496-8 |
isbn_softcover | 978-3-319-84173-1 |
isbn_ebook | 978-3-319-49496-8Series ISSN 2352-8370 Series E-ISSN 2352-8389 |
issn_series | 2352-8370 |
copyright | Springer International Publishing AG 2017 |