scholarly journals Pour une étude généalogique de la valeur des droits de l'homme : une opposition à l’historicisme et au racisme

Labyrinth ◽  
2019 ◽  
Vol 21 (1) ◽  
pp. 28
Author(s):  
Laurent Balagué
Keyword(s):  
Human Rights ◽  
Intrinsic Value ◽  
17Th Century ◽  
Natural Rights ◽  
Fundamental Question ◽  
Leo Strauss ◽  
Human History ◽  
A Value

For a genealogical study of the value of human rights: an opposition to historicism and racism The purpose of this article is to focus on human rights as a value in itself that has to fight against other values. We would like to show that human rights have become an intrinsic value only by following a path in human history that distinguish them from historicism. Because human rights became a value through history, it is important to be able to show the lay out of this history. We will illustrate it by means of diverse philosophical theories. We will begin with Leo Strauss' philosophy of natural rights which considers human rights in their opposition to historicism. Then, with the help of Michel Foucault's genealogy we will show how human rights develop themselves against the racist theory elaborated by a fraction of the French aristocracy in the 17th century. Consequently, a tension emerges inside those rights between their natural value and their historical one, which leads to the fundamental question: what is the essence of humankind involved in human rights? 

scholarly journals Human dignity as a universal legal value

2020 ◽  
Vol 9 (31) ◽  
pp. 96-103
Author(s):  
Sergiy Maksymov ◽  
Natalia Satokhina
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Large Scale ◽  
Intrinsic Value ◽  
Developed Countries ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
A Value ◽  
European Court ◽  
Federal Constitutional

The purpose of the article is to substantiate the thesis about human dignity as the initial and universal legal value. The investigation belongs to philosophical and legal anthropology and axiology. In the process of research, phenomenological and analytical methods in their unity and complementarity were used. The article draws attention to the tendency of increasing interest to the value component of law in contemporary legal philosophy and doctrine. Traditionally, justice is recognized as the main legal value embodying the high purpose of law. It is a complex value and embodies a certain ratio of no less universal legal values based on human experience, such as human dignity, freedom and equality. Since the mid-twentieth century, human dignity has become the “new key concept” for law. This was due to the desire to prevent a recurrence of the state of barbarism – massive and large-scale humiliation of it during the Second World War. As an expression of a person’s intrinsic value, his subjectivity, human dignity is considered as a value basis of human rights as a whole, as well as an independent right, the inviolability of which is enshrined in the fundamental international documents and constitutions of developed countries. It finds protection in the practice of national Constitutional Courts (primarily the German Federal Constitutional Court), the European Court of Human Rights and other legal institutions. The ethical priority of dignity in the system of legal values emphasizes the universality of human rights, which are based on the initial and unconditional recognition of the other in his uniqueness, regardless of his belonging to a particular community.

scholarly journals God, New Natural Law Theory, and Human Rights

Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 613
Author(s):  
Christopher Tollefsen
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Two Dimensions ◽  
Natural Rights ◽  
Creative Activity ◽  
Adequate Account ◽  
Full Theory ◽  
Natural Law Theory ◽  
Epistemological Dimension

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.

Postmoney theory: value function in the domain of postmoney

foresight ◽  
2018 ◽  
Vol 20 (5) ◽  
pp. 554-570
Author(s):  
Boyan Christov Ivantchev
Keyword(s):  
Social Impact ◽  
Value Function ◽  
Human Life ◽  
Intrinsic Value ◽  
Panel Study ◽  
Economic Research ◽  
Strong Base ◽  
Content Type ◽  
A Value ◽  
First Time

Purpose The purpose of this study is to research the latest quantitative and qualitative transformations of money and its interaction with the market economy and societies in terms of their influence on the inner nature of money and its transformation from a simple tool to an aim per se, i.e. postmoney. Transforming the perception of the intrinsic value and “soul” of the money into the postmoney, influenced by the rising longevity and wide expectation for the ability to scientifically prolong the human life, will be discussed. This transformation will be confirmed by analysing the results from a national representative sociological survey (panel study with sample size n = 1,000). Design/methodology/approach The author uses the following philosophical methodological approaches – comparative-constructive, phenomenological, cognitive and deconstructive analysis. Findings The objective and qualitative reasons offered by the postmoney theory (PMT) for the transformation of money into postmoney, are related to the being of temporality, as well as to technologization and the sixth factor of production, scientific exponentiality and mental changes in the human being. A current postmoney survey gives a strong base to believe that the perception of an intrinsic value of postmoney changes the shape of a value function – from logarithmic to linear or even stochastic. This is the reason to believe that increasing of a postmoney quantity will lead to a qualitative transformation and psychological increase of postmoney sensitivity. Research limitations/implications The author intends to expand the postmoney survey on the international level so to confirm local findings. Practical implications Postmoney survey might be used as a powerful tool in creating and legalizing non-monistic money based on blockchain technologies and philosophical and socio-economic research of the postmoney issue. Social implications The future of money is of great importance for the exponentiality of the socio-economic environment and societies. Social impact of the money will be inevitably rising in the domain of postmoney perception. Originality/value The author of the current paper coined for the first-time notion of postmoney and now is expanding research developing PMT. As per the best knowledge of the author, shape of the curve of value function was not questioned and believes it might be of help to better understand the money phenomenon.

Rights

2011 ◽  
Author(s):  
Kenneth Pennington
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Natural Rights ◽  
Legal Positivism ◽  
Individual Rights ◽  
Legal Systems ◽  
Human Beings ◽  
Group Rights ◽  
Constitutional Jurisprudence ◽  
Theological Thought

One of the most notable characteristics of Western societies has been the development of individual and group rights in legal, theological, and philosophical thought of the first two millennia. It has often been noted that thinkers in Non-Western societies have not had the same preoccupation with rights. The very concept of rights is laden with numerous problems. Universality is the most basic and difficult. If human rights are only a product of Western ideas of justice, they cannot have universality. In an age that is dominated by conceptions of law embracing some form of legal positivism, many scholars recognize only individual rights that have been established by the constitutional jurisprudence of individual countries or their legal systems. Historically, the emergence of rights in European jurisprudence is intimately connected with the terms ius naturale and lex naturalis in Western jurisprudence and theological thought. Human beings may never agree on universal rules of a natural law, but they might agree on universal precepts that shape the penumbra of rights surrounding natural rights.

Translating Rights

Reified Life ◽  
2018 ◽  
pp. 148-174
Author(s):  
J. Paul Narkunas
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Power Relations ◽  
International Criminal ◽  
Criminal Court ◽  
Natural Rights ◽  
Political Aesthetics ◽  
The Creation

This chapter describes how English and French as the de jure languages of human rights at the International Criminal Court. As a result, populations who do not adhere to Western Enlightenment notions of rights can be declared terrorists or “enemies of humankind.” By tracing the workings of translation in the ICC through the Thomas Lubanga trial, the author discusses how translation can deny human status to those brought before the ICC. It also provides, however, the means to challenge the legitimacy of the court as merely another sign of universalizing western justice, solidified by the fact that all people brought before the ICC come from the continent of Africa. By focusing on how language produces reality, the creation of natural rights claims allow for new forms of political protection in the chasm between differing legal orders. Consequently, thinking the role of translation as metaphor and practice for world making and the production of agency is an inchoate form of political aesthetics. Translation may offer, thus, a way to reconceive the human and its attendant rights due to language’s role in world making, subject production, and power relations. This indicates a form of ahuman agency.

Trump, Neoconservatives, and the Misrepresentation of the American Founding

2020 ◽  
pp. 99-108
Author(s):  
Nicholas W. Drummond
Keyword(s):  
Free Trade ◽  
Natural Rights ◽  
Divide And Conquer ◽  
Leo Strauss ◽  
American Founding ◽  
Donald Trump ◽  
Political Thinking ◽  
Civic Republicanism

This chapter evaluates the neoconservative anti-Trumpers who view the Trump presidency as a betrayal of America's founding principles. These detractors have been especially critical of nationalist populism and its rejection of “globalist” policies like free trade, foreign interventionism, and immigration. The chapter argues that neoconservatives misunderstand America's principles as a nation because they have relied heavily on certain sources, starting with the view of the American founding taught by the followers of Leo Strauss. This view overemphasizes Lockean natural rights and the merits of commercial acquisitiveness. Absent from this neoconservative analysis is an appreciation of three tenets of James Madison's political thinking, each of which accords with nationalist populism: civic republicanism, intergenerational duty to ancestors and posterity, and a warning that too much diversity will lead to a plutocratic oppression of society through a politics of divide and conquer. Although neoconservatives may have personal reasons to criticize the presidency of Donald Trump, their argument from the American founding is not particularly convincing.

The Individual’s Place in the Grounding of her Rights

2019 ◽  
pp. 118-135
Author(s):  
Rowan Cruft
Keyword(s):  
Human Rights ◽  
Natural Rights ◽  
The Right

Chapter 8 develops a taxonomy of the differing degrees and manner in which a right might be grounded on its holder’s good—and, in the author’s terms, exist ‘for its holder’s sake’. This is a taxonomy of the extent to which a right’s status as a right, and a duty’s status as a directed duty whose violation wrongs someone, are pre-institutional or ‘natural’. The chapter explores the important question of whether non-individualistic, communitarian moral views can accommodate this idea of ‘natural’ rights grounded by their holder’s good. It turns out that while many communitarian approaches are compatible with the idea, it is inconsistent with those communitarians who deny the very possibility of distinguishing one party’s good from the wider good. The chapter ends by sketching the appeal of taking human rights as grounded ultimately on ‘natural’ rights that exist for the right-holder’s sake.

What’s Wrong with (Some) Judges? Al-Skeini, Al-Jedda, Smith, and the Fog of War

2020 ◽  
pp. 234-267
Author(s):  
Nigel Biggar
Keyword(s):  
Human Rights ◽  
Natural Rights ◽  
Fragile States ◽  
Military Effectiveness ◽  
International Treaties ◽  
The United Kingdom ◽  
European Court ◽  
The Supreme Court ◽  
Political Conditions ◽  
The Military

What is wrong with rights might lie in several places. Some accuse the very concept of a right belonging to an individual as a kind of property. Chapter 6 considered this charge and found it wanting. Instead, Chapters 5, 7, 8 and 9 identified problems in misleading connotations of talk about ‘natural rights’, the failure to reckon with the contingency of rights upon economic and political conditions, and the importation of what is paradigmatically a legal idea into ethical deliberation. An additional possibility is that problems lie not only in concepts of rights, but also in the way in which judges treat them. This is the topic of this chapter and the following one. The present chapter examines recent decisions of the European Court of Human Rights (Al-Skeini [2011], Al-Jedda [2011]), and the Supreme Court of the United Kingdom (Smith [2013]), which threaten the UK’s military power. It concludes that, in these cases, the jurisprudence of the European court is vitiated by an imprudence born of a limited historical and political imagination, a culture of risk-aversion, and an ideological rights-fundamentalism. Such imprudent jurisprudence serves to weaken the military effectiveness of European States Party and their ability to support politically fragile states, to undermine states’ confidence in international treaties, and to provoke calls for states’ withdrawal from the Convention altogether.

Friendship

2018 ◽  
Author(s):  
Neera K. Badhwar
Keyword(s):  
Moral Philosophy ◽  
Intrinsic Value ◽  
Moral Self ◽  
Unconditional Love ◽  
Instrumental Value ◽  
A Value ◽  
Personal Relations ◽  
Self Sufficiency

Philosophical interest in friendship has revived after a long eclipse. This is due largely to a renewed interest in ancient moral philosophy, in the role of emotion in morality, and in the ethical dimensions of personal relations in general. Questions about friendship are concerned with issues such as whether it is only an instrumental value (a means to other values), or also an intrinsic value – a value in its own right; whether it is a mark of psychological and moral self-sufficiency, or rather of deficiency; and how friendship-love differs from the unconditional love of agapē. Other issues at stake include how – if at all – friendship is related to justice; whether the particularist, partialist perspective of friendship can be reconciled with the universalist, impartialist perspective of morality; and whether friendship is morally neutral.

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