The Problem of Recognition of Human Rights
Does Explicative-Existential Justification Really Work
Bibliographic Data
| ID | 21984164 |
|---|---|
| Authors | Martin Hapla (0000-0002-6977-3939, Masaryk University, corresponding author) |
| Year | 2021 |
| Pages | 5-15 |
| Publication date | 2021-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Archiwum Filozofii Prawa i Filozofii Społecznej (JOURNAL) |
| Journal identifiers | ISSN: 2082-3304 • E-ISSN: 2082-3304 |
| Publisher | Stowarzyszenie Filozofii Prawa i Filozofii Spolecznej - Sekcja Polska IVR (PUBLISHER) |
| DOI | 10.36280/afpifs.2021.2.5 |
| OpenAlex | W3177719096 |
| Language | EN |
| References cited | 32 |
This paper analyses Robert Alexy’s explicative-existential justification of human rights. The author identifies several problems that are associated with it. An analysis of Alexy’s explicative argument suggests that it cannot cope with the transition from facts to norms. Notably, this argument does not explain why its requirements cannot be overruled by some other moral reason (for example, the utility principle). The answer that Alexy offers in his existential argument is not considered sufficient by the author of this paper. Although this argument complements the necessary normative premises, the existential decision preferred by Alexy is not the only one necessary. It can be admitted that for many people such a decision is attractive. However, even if we accept that explicative-existential justification is credible in some context, it is correct to apply it only to the rights of persons and not to the rights of human beings. In the final part, the author shows that the claim that this theory can justify even the rights of human beings who are not persons is indefensible
Epistemology · Existentialism · Human rights · Normative · Political science · Law · Philosophical Ethics and Theory · Philosophy · Political Philosophy and Ethics · War, Ethics, and Justification
Proportionality and Justification
The Role of Rights in Practical Reasoning
The Is-Ought Question
The Epistemology of Human Rights
Human Needs, Human Rights
Human Rights
Natural Human Rights
The Justification of Human Rights and the Basic Right to Justification
Law, Morality, and the Existence of Human Rights
In Defence of Moral Rights
Human Rights and Capabilities
Why There Are No Human Rights
Capabilities and Human Rights
Universal Human Rights in Theory and Practice
Theory of Needs as Justification of Human Rights
The possibility of secular human rights
Grounding human rights
The Philosophical Foundations of Human Rights
How to Derive "Ought" From "Is
The "Is-Ought" Gap
Theoretical Foundations for Human Rights
Elements of a Theory of Human Rights
| Highly cited | No |
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