PHILOSOPHICAL PRESUPPOSITIONS OF HUMAN RIGHTS
Keywords:
law philosophy, legal dogmatism, legal pragmatism, deliberation of human rights, pro persona principleAbstract
The problem with the knowledge of human rights can be approached in several ways (dogmatism, skepticism, relativism, subjectivism, pragmatism, etcetera), where diverse realities exist without reaching an absolute truth, but reaching possible realities about its knowledge. Not being able to assert that a one and only knowledge about human rights exists, since it would imply the imposition of ideas, but knowing that there are diverse theoretical conceptualizations and philosophical presuppositions about these human rights. In this article the origin is explained from different possibilities of knowledge, like: Godgiven rights? Irrefutable truth? A paradox of the evident truth, invention or discovery of human rights? Modernity and human rights. Three declarations: 1766, 1789, and 1948, human rights: Common ideal or forced reality?
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- 2022-08-04 (2)
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