Dynamic nature of human rights: Rawls's critique of moral universalism

Sanja Ivic

doi:10.1590/s0101-31732010000200013

Abstract

Human rights do not represent an absolute truth. Otherwise, they would represent ideology, which is contradictory to the basic idea of human rights itself. Consequently, there is a need for redefinition of the main presuppositions of modern conception of human rights represented in the Universal Declaration of Human Rights. This paper argues that Rawls's conception of human rights is significant for the refiguration of human rights. It represents the path towards postmodern idea of human rights and the recognition of difference.

Highlights

In the further lines the conception of human rights presented in the Universal Declaration of Human Rights and in Rawls’s political theory will be compared
2) Peoples are to observe treaties and undertakings; 3) Peoples are equal and are parties to the agreements that bind them; 4) Peoples are to observe the duty of non-intervention; 5) Peoples have the right of self-defense but no right to instigate war for reasons other than self-defense; 6) Peoples are to honor human rights; 7) Peoples are to observe certain specified restrictions in the conduct of war; 8) Peoples have a duty to assist other peoples living under unfavorable conditions that prevent their having a just or decent political and social regime.”[52]. Rawls argues that these eight principles are not based on any fixed foundation
The one is the conception of human rights inside the framework of Universal Declaration of Human Rights and the other is Rawls’s theory of human rights

Summary

Introduction

In the further lines the conception of human rights presented in the Universal Declaration of Human Rights and in Rawls’s political theory will be compared. Trans/Form/Ação, Marília, v.33, n.2, p.223-240, 2010 conception of human rights, which would be acceptable to different societies. It would make human rights more familiar to different cultures and peoples, which would lead towards better implementation of human rights. Some authors refer to Holocaust as “a symbolic representation of evil in the late twentieth century and as a foundation of supranational moral universalism.”[2] On the other hand, Rawls’s theory of human rights, which he introduces in his Law of Peoples[3] is inspired by ideas of peace and justice.

Modern Conception of Human Rights

Rawls’s Idea of Rights as a Postmodern Conception of Human Rights

Modern and Postmodern Ethics of Human Rights

Conclusion