Social Justification for Protection of the Rights of the Individuals Cover Image

Społeczne uzasadnienia dla ochrony praw jednostki
Social Justification for Protection of the Rights of the Individuals

Author(s): Jacek Srokosz
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Applied Sociology
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: human rights; Solidarism; Communitarianism; Rorty; Social Justification;

Summary/Abstract: This paper presents the notion of the protection of the rights of the Individuals on the basis of certain social processes and cultural conditions. Solidaristic, Communitarian, and Rorty’s pragmatic visions of individual rights rejected the notion of its protection on the basis of philosophical legitimation (on the Enlightment's universalistic approach towards rights of the individuals) or positivistic (on the notion that the legal acts in themselves are the sole source of individual's rights). Solidaristic approach hinges heavily on inter-personal relations and ever increasing complexity of social interactions resulting in increase in person’s individualization within the society. Communitarian approach relies on the assumption of balance between individual's rights and obligation within the society. According to this view the origins of rights of the individuals lay in the moral progress of the society. According to the Rorty's pragmatic approach protection of the rights of individuals in the Western culture has been achieved due to sense security and sympathy developed in the social life. This in turns allow for every individual to be treated on the equal footing.

  • Issue Year: 43/2015
  • Issue No: 4
  • Page Range: 59-72
  • Page Count: 14
  • Language: Polish