scholarly journals Keeping Human Rights on the Bioethics Agenda

2001 ◽  
Vol 10 (3) ◽  
pp. 223-226
Author(s):  
JOSEPH C. d'ORONZIO
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
Legal Status ◽  
Full Range ◽  
Future Generations ◽  
Modern World ◽  
Moral Concept ◽  
Universal Human Rights ◽  
Nazi Era ◽  
The Ideal

The ideal of universal human rights is arguably the most potent moral concept marking the modern world. Its accelerated fruition in the last half of the twentieth century has created a powerful political force, laying the groundwork for future generations to extend and apply. Whereas anything resembling international legal status for human rights had to wait for the post-Nazi era, the bold proclamations of the Universal Declaration of Human Rights (UDHR, 1948) loosened a revolutionary force with endless potential for application to the full range of human endeavors. The roots of this movement can be traced to each and every era in which the vulnerable and powerless sought justification to oppose arbitrary domination. Its roots are, therefore, deep and wide.

scholarly journals Secular Formatting of the Sacred

2019 ◽  
Vol 13 (2) ◽  
pp. 164-182
Author(s):  
Marius Timmann Mjaaland
Keyword(s):  
Human Rights ◽  
Continuous Process ◽  
The Political ◽  
Axial Age ◽  
Universal Human Rights ◽  
History Of ◽  
The Common ◽  
Forms Of Violence ◽  
Genealogy Of Morals ◽  
The Ideal

Abstract Whereas Samuel Moyn has argued that human rights represent the last utopia, sociologist Hans Joas suggests that the modern history of human rights represents a critical alternative to the common theory of secularization understood as disenchantment (Weber). In Joas’s reading, the political and social emphasis on human rights contributes to a sacralization of the person, not only understood as utopia, but also as societal ideal. Following Durkheim, Joas understands the sacred within the society as the continuous process of refashioning the ideal society within the real society. Although acknowledging Joas’s critique of Weber, the author is more critical of his idealization of universal human rights and his affirmative genealogy of this ideal running back to the so-called Axial Age. Mjaaland argues that the normative and formative functions of human rights are better served by a suspicious genealogy of morals, taking also the problematic aspects of human rights policy into account, including its dependence on new forms of violence and cruelty. He concludes that a more modest and pragmatic understanding of human rights may therefore strengthen rather than weaken their authority and future influence.

scholarly journals Os direitos humanos no contexto internacional: para além dos limites de uma obrigação específica?

2018 ◽  
Vol 19 (1) ◽  
pp. 113-126
Author(s):  
André Luiz Olivier da Silva
Keyword(s):  
Human Rights ◽  
Human Person ◽  
International Community ◽  
The State ◽  
Human Beings ◽  
Contemporary World ◽  
The World ◽  
Universal Human Rights ◽  
Special Rights ◽  
The Ideal

Resumo: Neste trabalho analisam-se as exigências por direitos humanos enunciados a partir de uma perspectiva universal, segundo a qual esses direitos se constituem dentro de obrigações gerais e são válidos para todas as pessoas do mundo. Mas podemos falar em direitos humanos considerados gerais e absolutos mesmo quando não se consegue especificar o detentor e o destinatário dos direitos em uma relação obrigacional específica? Com base em um procedimento de observação e na explicitação de algumas exigências por direitos humanos no mundo contemporâneo, aborda-se a natureza dos direitos a partir da correlação obrigacional entre direitos e deveres, bem como a distinção entre direitos especiais e direitos gerais, destacando que os direitos humanos são reivindicados como direitos gerais e universais, embora não se possa afirmar que sejam universais em si mesmos. A hipótese  neste artigo é a de que os direitos humanos são reivindicados “como se” fossem “gerais” dentro de obrigações específicas, seja em um conflito entre cidadãos e o Estado, seja a partir das relações dos países na comunidade internacional. Quando não estão especificados em obrigações concretas, esses direitos apresentam dificuldades quanto à sua efetividade justamente porque não se consegue identificar e especificar sujeitos e destinatários – que não são exatamente o Estado ou o cidadão deste ou daquele país, mas, sim, a pessoa humana. Nesse sentido, ainda estamos longe do ideal de universalização dos direitos humanos na comunidade internacional, e esses direitos só podem ser exercidos quando incorporados a um ordenamento jurídico ou, ao menos, inseridos em práticas morais e sociais.Palavras-chave: Direitos humanos. Direitos gerais. Universalidade. Obrigações específicas. Abstract: This paper discusses the claims by human rights from a universal perspective, according to which human rights constitute general obligations and are valid for all people of the world. Can we talk about human rights considered general and valid for all human beings even when we can not specify the holder and the addressee of rights in a specific obligational relationship? Based on a procedure of observation and explanation of some claims for human rights in the contemporary world, this article aims to approach the nature of these rights from the obligational correlation between rights and duties, as well as the distinction between special rights and general rights, highlighting that human rights are claimed as general rights, emphasizing its “universal” character, although we can’t ensure that these rights are universal in themselves. Our hypothesis is that human rights are claimed “as if” they were “general” within specific obligations, whether in a conflict between citizens and the state, as based on the relations of countries in the international community. When not specified in concrete obligations, human rights have doubts as to its effectiveness precisely because it is not easy to identify and specify recipients and subject of rights – which are not exactly state or country, but rather the human person. In this sense, we are still far from the ideal of universal human rights in the international community, and these rights may be exercised only when incorporated into a law, or at least, embedded in moral and social practices.Keywords: Human Rights. General rights. Universality. Specific obligations.

Initiative Center for the Decolonization of Estonia

1995 ◽  
Vol 23 (1) ◽  
pp. 227-229 ◽  
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Community ◽  
Second World War ◽  
Self Determination ◽  
World War ◽  
Universal Human Rights ◽  
The Right ◽  
International Conventions ◽  
Second World

In the twentieth century, and particularly under the influence of the Second World War, the international community, in the interests of normal relations, has considered it necessary to agree on certain fundamental principles, such as the observance of universal human rights, the right of nations to self-determination, the equality of the rights of big and small nations, impermissibility of aggression, and liberation from the yoke of colonialism. These principles are written in international conventions, the UN charter and several of its resolutions, and recognized by the majority of states.

A Different Shade of Justice

2017 ◽  
Author(s):  
Stephanie Hinnershitz
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
Asian Americans ◽  
Legal Status ◽  
Fourteenth Amendment ◽  
Business Practices ◽  
Constitutional Amendments ◽  
Asian Populations ◽  
The American South ◽  
The Right

A Different Shade of Justice uncovers Asian Americans’ fight for civil and human rights in the American South during the twentieth century. In the Jim Crow South, Chinese, Filipino, Japanese, and later Vietnamese and Indians were the largest Asian populations in this region and experienced racial discrimination that was bolstered by various laws in southern states which prohibited everything from land ownership to interracial marriage. Although they made up a small portion of the total population in the South for most of the twentieth century, Asian Americans faced similar racial obstacles to obtaining their rights as African Americans including school segregation, anti-miscegenation laws, and discriminatory business practices. However, Asian immigrants’ lack of citizenship also presented unique challenges primarily seen in anti-alien land laws and constitutional amendments in Louisiana, Florida, and Arkansas that denied Asians the right to own property. Asian Americans used their unique racial and legal status as well as the Fourteenth Amendment to battle discrimination regardless of their citizenship status. They argued that southern laws defied civil as well as human rights to protection, equality, and economic wellbeing.

scholarly journals Human rights politic in postmodern world

2020 ◽  
Vol 6 (4) ◽  
pp. 66-74
Author(s):  
Ilja Chestnov
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Point Of View ◽  
Modern World ◽  
Law And Order ◽  
Theoretical Understanding ◽  
Specific Content ◽  
Legal Policy ◽  
Theory Of Law ◽  
The One

Human Rights are a complex meta-legal phenomenon that serves to justify and legitimize the existing law and order. Human Rights are not rules of law or legal relations. They are similar with law principles. The subject of the article is a theoretical understanding of human rights in the post-modern world. The aim of the study is to conceptualize human rights in the context of post-modernity. The research methodology is determined by the post-classical research program developed by the author over the past twenty years. In relation to the topic of the article, it involves the study of the construction of human rights and their practical reproduction. Human rights from the point of view of the sociology of law is the actual legal status of a person in the relevant legal system. Human rights define and limit legal policy. At the same time, the content of human rights is determined by the legal policy. Human rights can only be justified from the standpoint of the prevailing values. However, in the modern world, values are contextual and relatable. Therefore, only pragmatism as an abstract value can be the basis of human rights in the post-modern world. The main problem of modern philosophy and theory of law is the impossibility of meaningfully and universally define the measure of human rights. Only an abstract Declaration of human rights can be universal and meaningful. Their specific content is always contextual. It is determined by the policy in the field of human rights. Human rights policy is, on the one hand, the construction of social ideas about the content of human rights. Further, it is the concretization of these representations in the appropriate forms of law. On the other hand, human rights policy is a reproduction of these ideas in discursive practices. In these types of practices, human rights are implemented in a de facto legal order.

scholarly journals Universalitas Ham dan Sakralitas Syariah (Respon Muslim Konservatif, Liberal dan Progresif Atas Gagasan Ham Internasional)

2017 ◽  
Vol 13 (2) ◽  
pp. 243
Author(s):  
Nurrochman Nurrochman
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Western Civilization ◽  
International Human Rights ◽  
Universal Human Rights ◽  
International Human ◽  
The Times ◽  
Modern Era ◽  
The Ideal

<p>Universal human rights raises much debate among muslims. There are at least three opinions on international human rights. First, a conservative groups that rejects human rights because it comes from Western civilization and is considered contrary to shariah. Second, the liberal groups who accepted the idea of human rights and argue that human rights and Islam are compatible. Third, progressive groups who accept human rights as a concept that compatible with Islam, but the practice must be criticized. In the modern era, muslim ara faced with many challenges. Islamic law is required to be able to answer the challenges of the times. The idea of reformation of Islamic law has actually been appearing since the era of classical jurisprudence. But unfortunately received less attention. This paper is one of the efforts to recall that the ideal of Islamic law reformation is very important, especially concerning the issues of human rights. </p>

The Doctor Faustus Dossier

2018 ◽  
Author(s):  
Adrian Daub
Keyword(s):  
Twentieth Century ◽  
Los Angeles ◽  
Primary Source ◽  
Music And Literature ◽  
Twentieth Century Music ◽  
Private And Public ◽  
Doctor Faustus ◽  
Public Lives ◽  
Nazi Era ◽  
The Impact

Arnold Schoenberg and Thomas Mann, two towering figures of twentieth-century music and literature, both found refuge in the German-exile community in Los Angeles during the Nazi era. This complete edition of their correspondence provides a glimpse inside their private and public lives and culminates in the famous dispute over Mann's novel Doctor Faustus. In the thick of the controversy was Theodor Adorno, then a budding philosopher, whose contribution to the Faustus affair would make him an enemy of both families. Gathered here for the first time in English, the letters are complemented by diary entries, related articles, and other primary source materials, as well as an introduction that contextualizes the impact that these two great artists had on twentieth-century thought and culture.

War in Social Thought

2012 ◽  
Author(s):  
Hans Joas ◽  
Wolfgang Knöbl
Keyword(s):  
Twentieth Century ◽  
Intellectual History ◽  
Large Scale ◽  
Theoretical Work ◽  
German Idealism ◽  
Social Thought ◽  
Social Progress ◽  
Modern World ◽  
Critical History ◽  
Original Argument

This book provides a sweeping critical history of social theories about war and peace from Thomas Hobbes to the present. It presents both a broad intellectual history and an original argument as it traces the development of thinking about war over more than 350 years—from the premodern era to the period of German idealism and the Scottish and French enlightenments, and then from the birth of sociology in the nineteenth century through the twentieth century. While focusing on social thought, the book draws on many disciplines, including philosophy, anthropology, and political science. It demonstrate the profound difficulties most social thinkers—including liberals, socialists, and those intellectuals who could be regarded as the first sociologists—had in coming to terms with the phenomenon of war, the most obvious form of large-scale social violence. With only a few exceptions, these thinkers, who believed deeply in social progress, were unable to account for war because they regarded it as marginal or archaic, and on the verge of disappearing. This overly optimistic picture of the modern world persisted in social theory even in the twentieth century, as most sociologists and social theorists either ignored war and violence in their theoretical work or tried to explain it away. The failure of the social sciences and especially sociology to understand war, the book argues, must be seen as one of the greatest weaknesses of disciplines that claim to give a convincing diagnosis of our times.

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