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Human Rights Analysis.pdf

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Preview of Human Rights Analysis
🔗 Source: web.archive.org
📊 Size: 324 KB
👤 Author: Gosia
⬇️ Downloads: 145

Summary

The human rights discourse is complex due to diverse legal forms and relationships, with numerous efforts to formulate a generally applicable theory of rights. Two sound theories of rights are discussed: the will theory, which interprets human rights as a consequence of individuality and free will, and the interest theory, which constructs a human right as a sphere of protection of individual interests. The will theory, founded by I. Kant and maintained by H. L. A. Hart, emphasizes personal choice and the right holder's control over obligations, while the interest theory, based on Bentham's theory and developed by J. Raz, focuses on protecting the interests or well-being of right holders. Both theories have limitations, with the will theory struggling to defend victims' rights and the interest theory implying that rights may not be waived. The concept of human rights as inalienable and indivisible is also problematic in the will theory, particularly regarding the rights of vulnerable individuals such as children and people with intellectual disabilities.

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Description

The human rights discourse is complex due to diverse legal forms and relationships, with numerous efforts to formulate a generally applicable theory of rights.

Technical Information

  • File Format: PDF
  • File Size: 324 KB
  • Pages: 9
  • Language: EN
  • Author: Gosia
  • Total Downloads: 145
  • Last Updated: 19 hours ago

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