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The Reasons of Rights, Rights as Reasons

  • Abstract

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Keywords: Human Rights; Social Practice; Universality; Argumentation; Legal Interpretation; Concretization.

The article stresses the idea that human rights are a type of social practice requiring concretization. It is made up of values, principles, rules, institutions, procedures, attitudes, acts of interpretation. The aim of this practice is the respect and the realization of the person. This points out the topic of human dignity. Human rights are not independent of the legal context and they work both at the international and at the domestic level. Universality is a structural character of human rights. It implies communication between individuals, cultures and conceptions. There is a relation between the universality of rights and the particularity of their protection. They need to be determined and implemented. This puts the question of their effectiveness. Human rights require justification. It is shaped as an argumentative process serving to construct and rephrase the reasons for the attribution or recognition of rights. Furthermore, rights are reasons for acting and creating norms in order to protect human beings.

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