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Reconciling Law and Morality in Human Rights Discourse - Beyond the Habermasian Account of Human Rights (Hardcover, 1st ed. 2017)
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Reconciling Law and Morality in Human Rights Discourse - Beyond the Habermasian Account of Human Rights (Hardcover, 1st ed. 2017)
Series: Philosophy and Politics - Critical Explorations, 3
Expected to ship within 12 - 17 working days
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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.
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