APORIJA LJUDSKIH PRAVA IZ UGLA KANTOVE FILOZOFIJE POLITIKE
APORIA OF HUMAN RIGHTS FROM THE PERSPECTIVE OF KANT'S POLITICAL PHILOSOPHY
Author(s): Jelena GovedaricaSubject(s): Human Rights and Humanitarian Law, Political Philosophy, Special Branches of Philosophy, Philosophy of Law
Published by: Filozofsko društvo Srbije
Keywords: Kant; human rights; law; right; moral;
Summary/Abstract: Ontological dualism of human rights, their ideal and real aspect, is what makes them paradoxical. Having this dual nature, do human rights serve to "moralize" or "civilize" people? Analyzing the basic concepts of Kant's philosophy of public law and history, the author concludes that the term "moral rights" is contradictory , that one cannot talk about them in both senses simultaneously and avoid the paradox. If we regard them as juridical law, human rights play a constitutive role in the legislation of a particular country and what analytically follows is the law as coercion. However, if we understand them as moral laws, they will not be regarded as coercion and their function will be strictly regulative.
Journal: Theoria
- Issue Year: 55/2012
- Issue No: 4
- Page Range: 91-112
- Page Count: 22
- Language: Serbian