Abstract
The consolidation of relations of global society requires the progressive establishment of a global legal system, consisting of a system of rules - precisely, human rights - as the source and evaluation criteria of positive national rights. This essay aims to contribute to some extent using reflective dialectical methodology, establishing logical- argumentative criteria, based on the dialogue between authors to exercise a critical reflection of the official narrative on the universality of human rights, in addition overcoming the universalism/relativism dichotomy eurocentricaly established by a theory of human rights between universalism and cultural relativism.
Highlights
The consolidation of relations of global society requires the progressive establishment of a global legal system, consisting of a system of rules —precisely, human rights— as the source and evaluation criteria of positive national rights
There are strong criticisms of the attempts to create a world political order based on the defense of human rights, allowing international organizations and major powers to implement a centralized policy of “humanitarian” intervention, situated above the sovereignty of States, using even of war resources if necessary
The approach to the issue of human rights comes as a more tortuous issue to jurists faced with dilemmas that have assumed an enormous degree of importance with the intra-frontier and international community and which, at the same time, have not yet achieved unity of thought that allows its organization to ensure universal protection
Summary
At the end of this brief essay, let us remember Marx in “On a Jewish question”, when he defines that a holistic expression of the individual is the way to display a legitimately conquered, eliminating as possible reductions in the explanation of an emancipation only through strands unique, but fully calculated in all aspects of the founding company. The State to seek to follow social evolution, and by using the principle of prohibition, without paying attention to the specificities of each cultural aspect, ends up advancing due to those practices performed in social exclusion of the groups it encounters because it does not have rights protected by positive state legal order Such measured social groups in which they lack protection and guarantees, seek on the basis of human rights or an item of emancipation from the State; legitimized by the human rights body, it can claim or establish rules of rules, many of them prior to the advent status itself, fruits of ancient uses, costumes and traditions, in a universe parallel to the statistical right of registration of a non-state right, but currently since already as a right, it does not come from the State; even though they recognize the positivized state authority. This respect is essential as globalization advances every day and respect for human rights is a positive factor on the international stage, facilitating cooperation between the various States
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
