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- Title
TOPLUM SÖZLEŞMELERİ ÇERÇEVESİNDE İNSAN HAKLARI: TEORİDEN PRATİĞE.
- Authors
YILDIRIM, Ferda
- Abstract
The human rights discourse is seemingly encountering with a crisis that questionnaires it validness and there exists some insoluble themes deepening the crisis in relation. The human rights are occasionally deemed as universal principles except from individual and social practices, while they are supposed to be intrinsic to a pre-defined human nature. Constituting a background for natural law theories that are molded at the periphery of social contract, human rights percept arises to be inefficient when it inspires from natural law or divine law concepts, and it fails in solving conflict of modern times. This paper aims to reveal a perspective that is not centered on social contract, instead targeted for diminishing problems before human rights through a genuine perspective. It is fair to say that human rights are eligible for sustaining their existence and meaningfulness just through practical manner. The study focuses on the possibility of yielding human rights politics does not refer to a universal moral law, a unuversal essence or human nature determinations that form the basis of rights, and that is not metaphysical in this sense. To this end, it rejects the traditional percept that envisages a human nature immanent in natural law; and it also stands off legal positivism that simply degrades human rights to written codes.
- Publication
Academic Journal of Philosophy / Felsefi Düşün, 2022, Issue 19, p521
- ISSN
2148-0958
- Publication type
Article