Reconciling Law and Morality in Human Rights Discourse: Beyond the Habermasian A

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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. 

FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Back Cover

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.

Author Biography

Willy Moka-Mubelo, S.J. is a Jesuit from the Democratic Republic of Congo. He earns a Licentiate in Sacred Theology (STL) and a Master of Theology (ThM) from the Jesuit School of Theology of Santa Clara University in California/USA and a Ph.D. in philosophy from Boston College in Massachusetts/USA. His area of interest is social and political philosophy. He is the author of Justice and Social Reconciliation in the Democratic Republic of Congo: The Church's Contribution to the Building of a New Society and Le Dilemme éthico-politique dans l'état moderne: Une lecture de la philosophie politique d'Éric Weil. 

Table of Contents

Acknowledgments.- Introduction.- Chapter 1 Habermas's Account of Human Rights in Between Facts and Norms.- Chapter 2 Law and Morality.- Chapter 3 Human Rights and Human Dignity.- Chapter 4 The Moral-Legal Janus Face of Human Rights.- Chapter 5 Civil Society and Human Rights.- Chapter 6 A Cosmopolitan Human Rights Regime.- General Conclusion.

Feature

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 admitted theories of human rights Gives equal weight to the moral and legal dimensions of human rights

Details ISBN3319841734 Author Willy Moka-Mubelo Series Philosophy and Politics - Critical Explorations ISBN-10 3319841734 ISBN-13 9783319841731 Format Paperback Subtitle Beyond the Habermasian Account of Human Rights DEWEY 320.01 Pages 205 Publisher Springer International Publishing AG Year 2018 Publication Date 2018-07-07 Imprint Springer International Publishing AG Place of Publication Cham Country of Publication Switzerland Short Title Reconciling Law and Morality in Human Rights Discourse Language English Series Number 3 UK Release Date 2018-07-07 Illustrations XI, 205 p. Edition Description Softcover reprint of the original 1st ed. 2017 Alternative 9783319494951 Audience Professional & Vocational We've got this

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