Coverart for item
The Resource Reconciling law and morality in human rights discourse : beyond the Habermasian account of human rights, Willy Moka-Mubelo

Reconciling law and morality in human rights discourse : beyond the Habermasian account of human rights, Willy Moka-Mubelo

Label
Reconciling law and morality in human rights discourse : beyond the Habermasian account of human rights
Title
Reconciling law and morality in human rights discourse
Title remainder
beyond the Habermasian account of human rights
Statement of responsibility
Willy Moka-Mubelo
Creator
Author
Subject
Language
eng
Summary
"[The author argues] 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...[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."--
Member of
Assigning source
Back cover
Cataloging source
YDX
http://library.link/vocab/creatorName
Moka-Mubelo, Willy
Index
no index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Philosophy and politics -- critical explorations
Series volume
volume 3
http://library.link/vocab/subjectName
  • Human rights
  • Law (philosophical concept)
  • Political science
  • Human rights
  • Law (Philosophical concept)
  • Political science
Label
Reconciling law and morality in human rights discourse : beyond the Habermasian account of human rights, Willy Moka-Mubelo
Instantiates
Publication
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
25 cm.
Extent
xi, 205 pages
Isbn
9783319494951
Lccn
2016957572
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)961002936
Label
Reconciling law and morality in human rights discourse : beyond the Habermasian account of human rights, Willy Moka-Mubelo
Publication
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Dimensions
25 cm.
Extent
xi, 205 pages
Isbn
9783319494951
Lccn
2016957572
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)961002936

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
Processing Feedback ...