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This book advocates for an approach that views human rights as both moral and legal rights, emphasizing the importance of envisioning a world where free and reasonable beings thrive, rather than merely focusing on individual legal entitlements. It asserts that every person deserves living conditions conducive to a dignified life, while highlighting the complementary nature of moral and legal aspects of human rights. The legal dimension addresses the limitations of moral rights, which rely on individual conscience, while the moral aspect tempers the rigid application of law. This perspective diverges from traditional views that see human rights as inherent to humanity and from practical approaches that limit state sovereignty. Instead, it reconciles law and morality, underscoring the need for a legal framework that addresses the shortcomings of moral human rights implementation. It challenges the negative focus on fundamental liberties and stresses the necessity of enforcement mechanisms to deter rights violations by those lacking moral motivation. The moral-legal approach frames the protection of human rights as a collective responsibility that transcends national boundaries, advocating for a cosmopolitan human rights regime. This regime recognizes all individuals as part of a shared community, emphasizing common values that surpass the confines of individual states and ensuring protection based on personhood rather than c
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Reconciling Law and Morality in Human Rights Discourse, Willy Moka-Mubelo
- Langue
- Année de publication
- 2018
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