Human rights philosophy

Résumé du document

The universality of human rights has been frequently questioned since the creation of the Universal Declaration of Human Rights (UDHR) in 1948. The traditional concept of Human Rights is implied within a theory of moral universalism, as it believes in the absolute existence of a common, natural and moral code that is integral to humanity as a whole. The contemporary concept of Human Rights follows a doctrine of human rights and duties that tends to promote this belief in the existence of a universal moral order, where each individual possesses fundamental and equal moral status, and is also relevant and adapted to most traditional societies. Furthermore, it is equally concerned, if not more so, by the implication of the state in terms of repartition of equality and individuals' personal freedom. Some people actually argue that the UDHR clearly derives from a human rights doctrine that is simply and exclusively of western origin. India, for instance, has an extensive, heterogeneous and rich tradition of philosophical thoughts spanning over for more than two thousand years, which includes comprehensive and significant religious traditions, and seems to have largely ignored the metaphysical and epistemological questions that have generally taken the centre stage in the West through the centuries.

Extraits

[...] However, the concept of ‘Human rights' as we know it, is only implied within a theory of moral universalism since it believes in the absolute existence of a common morality that is an integral to humanity as a whole. Moral universalism undeniably defines a rational of life' on a basis of absolute cultural and historical moral truths, and finds its roots in Europe mainly through the writings of Aristotle and the Stoics. Aristotle seems to support the theory of the existence of a natural moral order that provides a comprehensive body of universal criteria in the assessment of the legitimacy of existing legal systems. [...]

[...] In debating the ‘duty' versus ‘right' issue, within a practical context, what is indeed more relevant to the debate is the question about ‘whose' theory of duty are we referring to? References 1 - see F.M Cornford. Republic of Plato', Oxford University Press - see Fred D Miller, ‘Nature, Rights and justice in Aristotle's ‘politics'', (Clarendon Press, 1995) - pp. 53-77, Henri Batiffol. Philosophie du Droit', Presse Universitaire de France p.53 - p - see Hobbes,Thomas. ‘Leviathan'. (New York and London: W.W. Norton Company first published 1651), XIII' - see Rousseau, Jean-Jacques The Social Contract, trans. [...]

[...] Despite the presence of most world religions, India is predominantly associated with Hinduism and Islam. Both religions will constitute a more relevant basis for the central thrust of an argument regarding the prevalence between ‘duty' and ‘right'. I will reflect upon such argument, in order to demonstrate that while Indian philosophy tends to define individuals in terms of the duties placed on them, based on position in the social hierarchy, they contradict a Western philosophy that tends to define individuals in abstract terms of the rights granted to them simply by virtue of being human. [...]

[...] ‘Pensees' (Garnier Flammarion First published in 1670) 11 - see Rorty Richard. ‘Human Rights, Rationality and Sentimentality' in Stephen Shute and Susan Hurley (eds) On Human Rights: Oxford Amnesty Lectures. London: Harpercollins Publishers. (1993) 12 - see Freeman, Michael. ‘Human Rights: An Interdisciplinary Approach, (Cambridge: Polity, 2002)' p - see Parel, A.J. ‘Gandhi: Hind Swaraj and other writings', (Cambridge texts in modern politics, 1997) 14 - (1921-1990), Controversial Indian philosopher, visionary, theorist, and social activist. Found on http://www.prout.org/sarkar.html (last visited on 18/05/06) - see Sohail Inayatullah. [...]

[...] (Oxford: Oxford University Press) Rorty Richard ‘Human Rights, Rationality and Sentimentality' in Stephen Shute and Susan Hurley (eds) (On Human Rights: Oxford Amnesty Lectures. London: Harpercollins Publishers) Rousseau, Jean-Jacques Social Contract', trans. Maurice Cranston, (London: Penguin,). Simmons, A.J the edge of Anarchy: Locke, consent, and the limits of Society', (Princeton University Press,). Sohail Inayatullah ‘Understanding Sarkar: The Indian Episteme Macrohistory and Transformative Knowledge', (Brill) Steiner, H. and Alston, P ‘International Human rights in context'. (Oxford University Press,) Wittgenstein, Ludwig ‘Tractacus Logico-philosophicus'. (Routledge and Kegan First published in 1922). [...]