LEADER 05026nam 22006375 450 001 9910155293803321 005 20200630021811.0 010 $a3-319-49496-1 024 7 $a10.1007/978-3-319-49496-8 035 $a(CKB)3710000000974367 035 $a(DE-He213)978-3-319-49496-8 035 $a(MiAaPQ)EBC4769496 035 $a(EXLCZ)993710000000974367 100 $a20161213d2017 u| 0 101 0 $aeng 135 $aurnn|008mamaa 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aReconciling Law and Morality in Human Rights Discourse$b[electronic resource] $eBeyond the Habermasian Account of Human Rights /$fby Willy Moka-Mubelo 205 $a1st ed. 2017. 210 1$aCham :$cSpringer International Publishing :$cImprint: Springer,$d2017. 215 $a1 online resource (XI, 205 p.) 225 1 $aPhilosophy and Politics - Critical Explorations,$x2352-8370 ;$v3 311 $a3-319-49495-3 320 $aIncludes bibliographical references at the end of each chapters. 327 $aAcknowledgments -- 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. 330 $aIn 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. . 410 0$aPhilosophy and Politics - Critical Explorations,$x2352-8370 ;$v3 606 $aPolitical philosophy 606 $aHuman rights 606 $aPolitical theory 606 $aLaw?Philosophy 606 $aLaw 606 $aPolitical Philosophy$3https://scigraph.springernature.com/ontologies/product-market-codes/E37000 606 $aHuman Rights$3https://scigraph.springernature.com/ontologies/product-market-codes/R19020 606 $aPolitical Theory$3https://scigraph.springernature.com/ontologies/product-market-codes/911010 606 $aTheories of Law, Philosophy of Law, Legal History$3https://scigraph.springernature.com/ontologies/product-market-codes/R11011 615 0$aPolitical philosophy. 615 0$aHuman rights. 615 0$aPolitical theory. 615 0$aLaw?Philosophy. 615 0$aLaw. 615 14$aPolitical Philosophy. 615 24$aHuman Rights. 615 24$aPolitical Theory. 615 24$aTheories of Law, Philosophy of Law, Legal History. 676 $a174.9570973 700 $aMoka-Mubelo$b Willy$4aut$4http://id.loc.gov/vocabulary/relators/aut$0921292 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910155293803321 996 $aReconciling Law and Morality in Human Rights Discourse$92066393 997 $aUNINA