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Reconciling Law and Morality in Human Rights Discourse

Part of the Philosophy and Politics - Critical Explorations Book Series (volume 3)

DOI: 10.1007/978-3-319-49496-8

ISBN: 978-3-319-49495-1

Publisher: Springer International Publishing - Springer Journals

Dec 14, 2016

LitStream

Chapter 1Introduction

Moka-Mubelo, Willy

Pages: 1 –14

[The concept of human rights remains a challenging concept and some of its aspects have yet to be further explored. As James Griffin notes in the introduction to his book, On Human Rights, there is a common “belief that we do not yet have a clear enough idea of what human rights are.” In a...
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Chapter 2Habermas’s Account of Human Rights in Between Facts and Norms

Moka-Mubelo, Willy

Pages: 15 –50

[This chapter deals with Habermas’s account of rights in Between Facts and Norms. In such an account he addresses the issue of legitimacy by avoiding the tendencies to ground the legitimacy of law either in human rights or popular sovereignty alone. He does this by overcoming the competition...
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Chapter 3Law and Morality

Moka-Mubelo, Willy

Pages: 51 –88

[Law and morality are two normative systems that control and regulate behaviors in a human community so as to allow harmonious and effective intersubjectivity between individuals who recognize one another as bearers of rights. Both notions have their common foundation in the concept of individual...
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Chapter 4Human Rights and Human Dignity

Moka-Mubelo, Willy

Pages: 89 –125

[Human rights are intimately related to the notion of human dignity. Both notions are connected in such a way that one cannot be understood without the other. The importance of human rights and the requirement to respect everyone’s rights is based on the notion of human dignity. In that sense,...
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Chapter 5The Moral-Legal Janus Face of Human Rights

Moka-Mubelo, Willy

Pages: 127 –146

[The complexity of our contemporary world requires a new approach to human rights. Human rights should no longer be conceived as a mere protection of human liberties and dignity. They must include the promotion and enhancement of conditions of life that give every person opportunities to pursue...
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Chapter 6Civil Society and Human Rights

Moka-Mubelo, Willy

Pages: 147 –167

[The concept of civil society has evolved in history and has acquired different meanings. Despite these meanings, any definition of civil society should include descriptive characterizations such as the notion of network of nongovernmental, noneconomic associations, institutions, and movements in...
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Chapter 7A Cosmopolitan Human Rights Regime

Moka-Mubelo, Willy

Pages: 169 –199

[The idea of a cosmopolitan human rights regime enables human beings to build a community of states that understands the promotion and protection of human rights worldwide as a common and shared responsibility. Such a community is based on the conviction that all human beings are members of a...

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