Jak zdůvodnit lidská práva?
Jak zdůvodnit lidská práva?

Je potřeba je zdůvodňovat?

Summary/Abstract: In this article, the author is trying to look for the theoretical sources of the idea of human rights in the history of legal philosophy. He starts from the conviction about the importance of the human rights theory for their practice. He is then arguing with the conception of the "conflict-free" development of the idea of human rights in the history of the legal philosophy. He tries to describe the difference between the "open" and "closed" natural law theories. He comes to the conclusion that the human rights are asserted in the best way, when they are based (even if tacitly) on the "open" natural law theory. Guaranting the freedom of conscience and thought as the primary rights and excluding the basic rights from the disposition of the state and the "sovereign" are another necessary conditions for maintaining their sense.

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