Human Rights, Natural Rights, and Human Dignity

Author(s):  
A. John Simmons
Phainomenon ◽  
2011 ◽  
Vol 22-23 (1) ◽  
pp. 441-454
Author(s):  
Ana Paula Loureiro de Sousa

Abstract The justification of Natural Law is a very controversial issue, not only after the Positivist’s rebuttals, but since its very anthropological foundations in the early modern age. In this paper, I try do give an account of Natural Law and natural rights in terms of a phenomenological description of the background of normative intentionality. Taking a genetic stance, I go from the positive norm and the intentionality that constitutes it to the underling pregiveness that supplies the condition of its possibility. I exhibit it as the experience of the live-world, and I analyze it as an intersubjective world, where persons are given as equals and worth-counting. This is the very root of the concept of human dignity. Starting from it, I develop an account of the sense and content of the concept of Human Rights as a set of eidetic laws creating the framework for authentic human relationships.


2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.


2020 ◽  
Vol 25 (1) ◽  
pp. 13-36
Author(s):  
Wojciech Szczerba

This article aims to examine how the concept of Imago Dei can serve as a symbol for the broadly understood idea of religious inclusion and human dignity. The article explores the concept of Imago Dei primarily from a protological perspective, analyzing its usage in biblical writings, theological tradition and modern philosophy. The substantial, relational and functional—which three usages of the concept can be found in the inclusive theology of Gregory of Nyssa—are analyzed in this article. Arguably, in the context of religious inclusion, the relational angle of Imago Dei seems to be the most important. Similarly contemporary Protestant theologian, Jürgen Moltmann states in his book, God in the Creation, that the “relational” concept of Imago Dei underscores the fundamental dignity of every person. In his book, God for Secular Society, Moltmann states that properly understood human rights should include democratic relationships between people, cooperation between societies, concern for the environment in which people live, and responsibility for future generations. From these perspectives, the concept of Imago Dei can be utilized as a symbol indicating the dignity of every person and human community, but also a symbol against any types of racism, nationalism or xenophobia.


Author(s):  
William Durch ◽  
Joris Larik ◽  
Richard Ponzio

Security and justice are both essential elements in humanity’s quest not only to survive but to thrive with dignity; neither is sustainable alone. Security is merely the appearance of order in a framework of structural violence unless tempered or leavened by concepts of justice that include human rights, human dignity, and other normative limits on the use of power. The pursuit of justice, whether at the personal, community, national, or international level can be crippled if not matched, in turn, by means to sustain security at each level. This complementarity of security and justice—despite their inherent tensions—is the core conceptual framework of the book. Achieving “just security,” we argue, is essential to the success of any global governance enterprise or architecture.


Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 613
Author(s):  
Christopher Tollefsen

Critics of the “New” Natural Law (NNL) theory have raised questions about the role of the divine in that theory. This paper considers that role in regard to its account of human rights: can the NNL account of human rights be sustained without a more or less explicit advertence to “the question of God’s existence or nature or will”? It might seem that Finnis’s “elaborate sketch” includes a full theory of human rights even prior to the introduction of his reflections on the divine in the concluding chapter of Natural Law and Natural Rights. But in this essay, I argue that an adequate account of human rights cannot, in fact, be sustained without some role for God’s creative activity in two dimensions, the ontological and the motivational. These dimensions must be distinguished from the epistemological dimension of human rights, that is, the question of whether epistemological access to truths about human rights is possible without reference to God’s existence, nature, or will. The NNL view is that such access is possible. However, I will argue, the epistemological cannot be entirely cabined off from the relevant ontological and motivational issues and the NNL framework can accommodate this fact without difficulty.


2008 ◽  
Vol 3 ◽  
pp. 1-33 ◽  
Author(s):  
Man Yee Karen Lee

AbstractThe idea of “human dignity” is accorded a prominent status in domestic constitutions and international human rights law. Its symbolism as a universal ground of human rights sits awkwardly with the absence of a precise definition. The concept has evolved over history and has been interpreted in various ways by people holding different worldviews. The elusive nature of human dignity creates challenges when it is evaluated across cultures. Despite its common association with the concept of liberal democracy, the idea of human worthiness is not necessarily absent in Asian societies, many of which function under alternative political systems.A cross-cultural perspective requires putting aside ethnocentrism and exploring the convergence of views from different belief systems. Examples from Confucianism and Islam may provide insights on how human dignity is understood and realized in various Asian contexts.


2013 ◽  
Vol 26 (2) ◽  
pp. 315-349 ◽  
Author(s):  
DAVID LUBAN

AbstractMilitary and humanitarian lawyers approach the laws of war in different ways. For military lawyers, the starting point is military necessity, and the reigning assumption is that legal regulation of war must accommodate military necessity. For humanitarian lawyers, the starting point is human dignity and human rights. The result is two interpretive communities that systematically disagree not only over the meaning of particular law-of-war norms, but also over the sources and methods of law that could be used to resolve the disagreements. That raises the question whether military lawyers’ advice should acknowledge any validity to the contrary views of the ‘humanitarian’ community. The article offers a systematic analysis of the concept of military necessity, showing that civilian interests must figure in assessing military necessity itself. Even on its own terms, the military version of the law of war should seek to accommodate the civilian perspectives featured in the humanitarian version.


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