Human Rights By John Tasioulas
analytical Essay
1991 words
John Tasioulas introduces the idea that human rights are explained by the morals that humans possess through understanding of human dignity. He explains that are three connections that human dignity has to human rights. The first connection presented is that human dignity and rights are rarely distinguished between due to having virtually the same standards in regards to them. The second that dignity is a starting point in moral grounds that human rights build off of. And last, that the idea that human rights are justified by dignity, saying dignity is the ideal basis for human rights. Tasioulas chooses to focus on the last point, that it is our morals that bring about human rights and that our morals come from humans having dignity. The key thing being that human dignity is something that all possess by simply being human beings there is no merit in achievement or by what legislation or social position can give us. The issue of explaining human rights comes from the political conceptions of human rights. The political stance is …show more content…
In this essay, the author
- Analyzes how tasioulas introduces the idea that human rights are explained by the morals that humans possess through understanding of human dignity.
- Explains that tasioulas gives us alternatives for human rights justification other than dignity.
- Explains that the idea that love can justify human rights is rooted in the religious thought that god loves all humans.
- Explains the idea behind human interests playing a role in human rights is that certain interests improve overall quality and standard of lives.
- Explains that tasioulas believes that two things that will help explain the criteria for rights lies in possibility and burden.
- Analyzes nagal's interpretation that human rights are based only on moral status and not through interests. tasioulas refutes the idea of personhood.
- Explains tasioulas' stance that dignity does indeed have its place in human rights, and a good model in today's world is seen through universal interest explaining the fundamentals of rights.
- Analyzes thomas hill's in defense of human dignity: comments on kant and rosen in their beliefs of human dignity.
- Analyzes how hill begins his review of rosen by addressing the idea that dignity is a neglected topic among today's philosophers.
- Analyzes rosen's view that moral philosophers need to identify which thoughts are going off of when writing about dignity, and how they are related to each other. hill responds to this by connecting kant’s thoughts.
- Analyzes how kant introduced dignity as an intrinsic value, one that is both essential and naturally present. rosen believes that one should act dignified in regards to one's class.
- Analyzes how kant's work is not used in attempts to explain positions regarding dignity in courts of law due to the abstract idea of the metaphysical nature of dignity.
- Analyzes rosen's begrudging opinion on understanding kant’s “transcendental kernel” as an acceptance of dignity that stems from rational morality.
- Analyzes how hill concludes that kant had more focus on the moral grounds of dignity than the metaphysics. rosen is unhelpful by putting too much emphasis.
Tasioulas believes that two things that will help explain the criteria for rights lies in possibility and burden. This saying that it is understood that there are cases that interest cannot fulfill duty for many reasons, but it needs to be met at times to let human interests further contribute to human rights. If it is possible to meet the duties needed next you must consider the burden it places on the bearer and on the society as a whole. Tasioulas concludes, “if it can be successfully executed, the interest-based account of human rights promises to make sense of the phenomenon that eluded Wolterstorff: the status of the right-holder as the ultimate source of the moral claim embodied in his rights.” All this to say that there are foundations to human
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- The Universal Declaration of Human Rightsanalytical essayUNIVERSALITY Debate on whether human rights are universal or not has been going on since adoption of the Universal Declaration of Human Rights more than six decades ago and is set to go on for as long as different schools of thought on the matter exist. While on one hand there is a growing consensus that human rights are universal on the other exist critics who fiercely oppose the idea. Of the many questions posed by critics revolve around the world’s pluri-cultural and multipolarity nature and whether anything in such a situation can be really universal. The only agreement reached so far by both sides is that human rights are the rights of the human in society.
In this essay, the author
- Explains the debate on whether human rights are universal or not has been going on since adoption of the universal declaration of human rights more than six decades ago.
- Explains that the only agreement reached so far by both sides is that human rights are the rights of the human in society. every state observes at least some of them.
- Argues that human rights are meant for everyone, rich and poor, white and black, men and women, young and old, leaders and followers, elites and illiterate, and are all treated equally.
- Explains tambakaki's article 'from citizenship to human rights: the stakes for democracy' that human rights are in principal moral and legal rights.
- Explains that for habermas, human rights are rights of a legal nature, endowed with an extrapositive validity and addressed equally to all human beings.
- Argues that although human rights were devised to promote western expansion and were based on christian values, the concept had contributed positively in that it created a universal conception of the person.
- Explains the vienna declaration and programme of action, which emphasizes the universality nature of human rights and the obligation of all states to promote universal respect for, observance and protect them.
- Argues that the universal spread of human rights is in the interest of all people, but critics assert that nothing can be universal as cultural perceptions define and limit that all the rights and values.
- Argues that some traditions like the confucian or vedic regard duties as more important than rights. in africa the individual is nurtured and protected by the community while in some parts of the continent there exist a composite system of communal obligations and entitlements.
- Argues that cultural disparities, which to some extent are valid, have practical repercussions. some countries argue that human rights are irrelevant to their societies and cultures.
- Analyzes how the human rights movement emphasizes the common humanity of the peoples, overlooking the fact that the things that distinguish them from one another are equally important as those that unify them. traditions and customs of some groups contradict contemporary liberal norms.
- Argues that the french government's ban on muslim women wearing burka in public is a case to point. while the women and the muslim community defend the practice in terms of human rights, the ban is the pretext of security.
- Analyzes how tambakaki argues that human rights, by virtue of their universality, appear to be more relevant than citizenship in an interconnected world.
- Explains that the universal principle of human rights collided with relativistic assumptions at the vienna conference in 1993.
- Opines that religion is inseparable from the issues of tradition. for religious critics of the universalist definition of human rights, nothing can be universal without transcendent values.
- Explains that some theorists recommend a specific political order if most contemporary claims for human rights are to be realized.
- Analyzes how arendt sees state sovereignty as an instrument not supportive but one that plays a frustrating role towards the attainment of the rights of man.
- Argues in the origins of totalitarianism that the rights of man were originally supposed not to be dependent on any government authority but that was not the case.
- Analyzes arendt's example of refugees from nazism who were either rejected or temporarily accepted by other states. the plight of those refugees is shared by refugees of the present times and shows rights are alienable.
- Analyzes how the liberal state protects man's rights, but citizens' rights are restricted to bonafide members of a nation-state.
- Explains that the situation has changed with the establishment of various international instruments such as human rights courts and commissions where people can run to in case their rights are violated by the state.
- Explains arendt's view that without the citizenship status, a person becomes human and different in general, representing nothing but his unique individuality.
- Explains that the supranational law clashes with the national sovereignty principle and states have been advocating the non-interference in the internal affairs of the state as a cover up against external monitoring of human rights practices.
- Analyzes how the commission of experts overseeing compliance with the international covenant on civil and political rights (iccpr) found jamaica to have violated the treaty through its administration of the death penalty.
- Explains that kofi annan called for a redefinition of national interests that would "induce states to find far greater unity in the pursuit of such basic u.n. charter values as democracy, pluralism, human rights, and the rule of law."
- Opines that state sovereignty is no longer an excuse for evading international obligations for human rights. the responsibility to protect initiative by the un obliged states to protect their people.
- Opines that human rights are increasingly becoming useful instruments for promoting and protecting human wellbeing. the proliferation of treaties and the emergence of international and regional tribunals have prompted states to accord them a special status in their national constitutions.
- Explains that transnational human rights ngos and other national and international advocates engage in largely persuasive activity, aimed at changing the human right practices of states. foreign states are free to raise human-rights violations as an issue of concern.
- Opines that it is no longer credible for a state to turn its back on international law, alleging bias towards european values and influence. all that humankind now requires to bring about the elusive, but eternal, dream of perpetual peace is global citizenship.
- Opines that the 1993 vienna convention on human rights stresses the importance of national and regional details as well as cultural, historical, and religious backgrounds when thinking about human rights.
1830 wordsRead More - Philosophy Of Rights Essayexplanatory essayThe philosophy of rights has been a perennial subject of discussion not only because it is embedded in the intellectual tradition and political practices of many countries but also because it exhibits deep divisions of opinion on fundamental matters. Even a cursory survey of the literature on rights since, say, the time of the Second World War would turn up a number of perplexing questions to which widely divergent answers have been given: What are rights? Are rights morally fundamental? Are there any natural rights? Do human rights exist? Are all the things listed in the UN's Universal Declaration (of 1948) truly rights? What are moral rights? Legal rights? Are basic moral rights compatible with utilitarianism? How are rights to be justified? What is the value of rights? Can infants have rights, can fetuses have them, or future generations, or animals? And so on.
In this essay, the author
- Explains that the philosophy of rights has been a perennial subject of discussion because it is embedded in the intellectual tradition and political practices of many countries.
- Opines that a theory of the character and value of rights should identify crucial issues where philosophers are divided and sketch out the main grounds of their positions.
- Opines that theories of rights should be regarded as partial explications or characterizations rooted in an attempt to resolve some particular crucial issue.
- Explains that the universal declaration of human rights states that all human beings are born free and equal in dignity and rights.
- States that all men are by nature equally free and independent, and have certain inherent rights, of which they cannot by any compact deprive or divest their posterity.
- States that the same sentiments are expressed in the declaration of the rights of man and the citizen of 1776 by the thirteen united states of america.
- Explains that the end in view of every political association is the preservation of the natural and imprescriptible rights of man.
- Explains that propositions of rights are a pervasive and contested feature of our political practice, so the question of what they should be taken to mean is central to political theory.
706 wordsRead More - Third Generation Human Rights Essayanalytical essayOver the past century, the basic principles associated with the concept of human rights and their universality have become an inextricable component of international and domestic affairs. As moral constructs, human rights help address societal factors on the human condition and continue to operate as the only viable framework in which human progress can be evaluated throughout the world. In this essay, I will examine the development of third-generation human rights within a unified hierarchical framework to describe how their implementation has impacted the advancement and procurement of other human rights.
In this essay, the author
- Explains that human rights are moral constructs that address societal factors on the human condition and continue to operate as the only viable framework in which human progress can be evaluated throughout the world.
- Explains that the concept of generational rights has become the dominant system utilized by renowned scholars to examine the framework of human rights, in terms of their hierarchical nature and interdependence.
- Explains that first-generation human rights are civil and political in nature. they embody the human desire for personal autonomy and civic participation.
- Explains that second-generation human rights are primarily intended to address socioeconomic and cultural components of human development.
- Explains how the 1951 refugee convention helped advance the procurement of international human rights for individuals who would otherwise have been discriminated against and exploited due to their vulnerable circumstances.
- Explains that the international convention on the elimination of all forms of racial discrimination (icerd) of 1969 utilized the conceptual framework of green-rights to impact the overall advancement of international human rights.
- Argues that the icerd and the 1951 refugee convention made a significant contribution in the advancement of international human rights. however, their implementation often places limitations on first and second-generation rights
- Explains that the moral ideals encapsulated in both the icerd agreement and the 1951 refugee convention reflect the hierarchical nature of generational human rights by accurately capturing the dynamics associated with the implementation and conflicts that can arise through their evolutionary interdependence.
- Analyzes how the adoption of the declaration on the rights of indigenous people in 2007 has had a direct impact on international human rights.
- Argues that the integrated approach of the generational-rights model establishes a framework that can be utilized to evaluate the progression of human rights in terms of their hierarchical nature and evolutionary interdependence.
1034 wordsRead More - Persuasive Essay On Positive Discriminationexplanatory essay“Human rights are not worthy of the name if they do not protect the people we don’t like as those we do”, said Trevor Phillips, a British writer, broadcaster and former politician. Since the day of human civilization and human rights are found. No one can argue against the idea that God created us equal, but this idea have been well understood and known after the appearance of many associations that fight for human rights as The Universal Declaration of Human Rights (UDHR) that showed up in 1948. Human rights are those rights that every person, without exceptions, is born with. They are the most important human basic needs because no one can live a decent appropriate life without having those rights as a human. In fact, these rights
In this essay, the author
- Opines that human rights are not worthy of the name if they do not protect the people we don't like as those we do.
- Narrates how jim, 55, attends a job interview and is asked, "what do you want this job for at this late stage or your life?" his job application is unsuccessful.
- Analyzes how sofia spends a lot of time looking after her mother who has alzheimer's disease. the interviewer says they can't afford to employ people with heavy career responsibilities.
- Explains that it is against the law to discriminate against anyone who suffers from a disability especially in work place.
- Narrates how joey works at a take away food shop that has 3 employees. he asks his boss if he should be receiving an hourly penalty rate for working on saturdays.
- Explains that joey was told that the company is looking for people with a certain look, specific weight and height.
- Explains mark was expelled from his friends’ group because he did not participate in a specific conservation organization.
- Explains sara doesn't let her children play with neighbors because they share different religious beliefs.
- Explains that discrimination against the black people is one of the most important types because it is known and widespread especially in the united states of america.
- Explains that african-americans were kidnapped from their homes in various parts of america, stripped of their identities, abused, and threatened. the jim crow laws made it difficult for black people to change their treatment.
- Explains that discrimination affected negatively many black people, and that oprah winfrey was the richest african american of the 20th century.
- Explains that discrimination can be practiced in a negative way. it's against the law to be discriminated against in many areas in public life.
1478 wordsRead More - Human Rights and John Rawls The Law of Peoplesopinionated essayHuman rights, specially those belonging to the first generation, as they are expressed in "The Universal Declaration of Human Rights" of December, 10th, 1948, are the end product of a long...
In this essay, the author
- Analyzes rawls' proposal to reach human rights through a true universal dialogue in which all cultures and peoples can equally speak, make proposals, and listen or accept the proposals of others.
- Explains that human rights, especially those belonging to the first generation, are the end product of a long historical process inside western culture.
- Explains that human rights belong to a concrete cultural and political tradition. the universal declaration of the rights of men is valid for all cultures and nations.
- Describes the political and juridical foundations that can justify the transit from the western, particular, to the universal.
- Explains that human rights, established by the universal declaration of human rights, are understood in different ways according to cultural traditions and different types of nations and states.
- Opines that the legal political foundation for universality of human rights cannot be the rationalist, religious-metaphysical, personalist and liberal-individualistic western tradition.
- Explains that other cultural traditions, different from western, cannot accept as justifying foundation of human rights a tradition of religious and metaphysical values they do not share.
- Argues that rawls' theory of justice is not sufficient to establish a non-etnocentric foundation that justifies the universal validity of human rights.
- Analyzes rawls' "the law of peoples" as a foundation that justifies the universal validity of human rights, without falling into metaphysics and etnocentrism.
- Analyzes rawls' hypothetical original position that promotes the agreement on minimal and fundamental principles acceptable and accepted by all.
- Explains that rawls distinguishes between two different stages in the process of getting an agreement in order to work out a society of nations that rules international politics of all its members.
- Explains rawls' concept of well-ordered hierarchical societies, which do not accept the political fact of pluralism and are organized according to a comprehensive, metaphysical or religious doctrine.
- Explains that the common good of justice guarantees for all persons minimal rights to means of subsistence and security — the right to life, liberty, property, and formal equality as expressed by the rules of natural justice.
- Explains rawls' procedure avoids etnocentrism and states a juridical foundation for the universal validity of human rights.
- Opines that rawls' theory of "the law of the peoples" is an obvious sample of etnocentrism and eurocentrism.
- Argues that western-liberal-democratic society is the best sociopolitical organization human beings have developed up today and must be the only model of society.
- Explains that in the club of the society of nations only the following societies or nations must be accepted: the liberal-democratic nations, all with the same right, and the well-ordered hierarchical societies.
- Explains that no word is said on which organism is going to decide if and when a people or nation satisfies the requirements of an orderly hierarchical society to be accepted at the club of the society of nations.
- Explains that human rights have been reduced to a minimum considered as fundamental and neutral and acceptable to all nations and cultures.
- Explains that rawls' "the law of the peoples" isn't open to the possibility of widening the minimum of human rights.
- Opines that we have to enforce other societies and cultures to accept our truth, not by violence and war, but by subtle means such as barring them from the new society of nations and sociopolitical benefits deriving from that society.
- Opines that the rights and duties of well-organized hierarchical societies do not satisfy all the requisites of the hypothetical original position.
- Opines that rawls' hypothesis of an original position and the two stages or circles of nations accepting human rights does not imply the possibililty of a true and real dialogue among the representative persons coming from different peoples, cultures, and sociopolitical organizations.
- Explains universalist dialogue in the sense that authentical representative persons entering into dialogue need to come from the most different peoples, cultures, and sociopolitical organizations of the whole world.
- Opines that rawls' duty to mutually listen implies the disposal to open oneself to other's world and to others' values.
- Explains that western-liberal-nations, in rawls' project, do not have the disposal to enter into a true dialogue with non-western nations. they accept only to be "i" and refuse the possibility of becoming "you".
- Explains rawls' view that the only possible relation between the western-liberal-democratic nations and the rest of nations, qualified as well-organized-hierarchical societies, is the relation of western nations offering and sharing only their truths, the human rights.
- Opines that the only procedure to attain a proper and contractual foundation for the universal validity of human rights will be when authentical representatives of all peoples and nations sit around the table ready for interchanging their roles.
- Recommends haarscher, guy, philosophie des droits de l'homme and sabine, g.h., a history of political theory.
- Explains habermas, jürgen, "kants idee des ewigen friedens - aus dem historischen abstand von 200 jahren", kritische justiz, frankfurt am main.
- Describes rawls' main works: the theory of justice, cambridge, mass., paperback, 1973, and political liberalism, new york, 1993.
- Explains rawls john's a theory of justice, p. 19: it seems reasonable to suppose that the parties in the original position are equal.
- Explains rawls accepts the possibility of working out a law of peoples by starting with an all inclusive original position with representatives of all the individual persons of the world.
3870 wordsRead More - Human Rights Essayexplanatory essayRights have been emphasized as fundamental building blocks of the social order of society. These are both moral/ legal norms, which are aimed at protecting people from various forms of abuse. The idea of human rights is often taken for granted, these human rights fall into two categories; legal and moral. When looking at rights one must consider, whether we have rights, what these rights are, where they come from, what it means to have rights and whether or not they are timeless or context specific. On top of this there are two types of rights that will be looked at in relation to gay rights and others in this essay, these are the Utilitarian idea and the Natural idea.
In this essay, the author
- Explains that rights have been emphasized as fundamental building blocks of the social order of society. the idea of human rights is often taken for granted.
- Explains that rights are generally considered a given, particularly those of the legal/moral variety. legal rights refer to the rights which are necessarily enforceable because they exist in law.
- Explains that the question of who has rights has a constant impact on what it means to have rights, as the definition of it varies from person to person, and society to society.
- Explains that the question of which rights we have relies on the answer from the kind of rights in question (legal or moral), and how they are viewed.
- Explains that the origin of rights can be attributed to the human need for equality. where rights come from depends on the person's values, beliefs, morals, and views on political philosophy.
- Explains that utilitarian rights refers to the taking of action if favoring the greater good. it is considered an attractive ethical theory intellectually and practically.
- Explains bentham's utilitarian view on rights. he believed that the principles govern morals also govern politics and law, leading one to believe that moral and legal rights should be one.
- Analyzes utilitarianism's commitment to appropriate value and the way it measures good, leaving the individual to suffer unnecessarily.
- Explains that natural rights refers to the belief that there are basic rights and freedoms that all humans are entitled to at birth because they are natural.
- Explains that natural rights are resultant from natural law, which makes the point of the government protection of rights. dworkin believes that rights should be seen as "trumps", meaning there can be no special case where their applicability is denied or diminished.
- Explains that the debate between the utilitarian or natural view of rights is one of the many puzzles associated with rights.
1117 wordsRead More - Theme Of Racism In Heart Of Darknessanalytical essayThe inequality of basic human rights has been an issue around the world for countless decades. In 1948, the Universal Declaration of Human Rights was developed as a framework for the world. This document provides “a common standard of achievement for all peoples and all nations” (MacNaughton et al 24). Also, it states “everyone
In this essay, the author
- Analyzes the concept of racism in joseph conrad's novel the heart of darkness. racial discrimination is detrimental to society in several ways, including inequality of human rights, negative stereotypes, and inability to progress to an equitable state of existence.
- Explains the universal declaration of human rights, which provides a common standard of achievement for all peoples and nations.
- Opines that it is difficult to overcome a negative stereotype when one is perceived in this way. the population of african americans is prolific and growing.
- Explains that negative stereotypes can lead to a state of chaos. the riots in ferguson, missouri, were caused by police killings of african-americans.
- Explains that negative stereotypes can be harmful mentally and physically. many still believe african americans are below the average intelligence.
- Explains that the u.s. census bureau estimated 45,672,250 african americans in the united states, meaning that 14.3% of the total american population is black.
- Explains that racism and segregation is prevalent throughout the world today, despite progress made during the civil rights movement of the 60s and 70s.
1321 wordsRead More - Compare Cosmopolitanism And Communitarianismexplanatory essayThere are several different approaches to Human Rights expressed in society. Whether it 's Kant, Hegel, Arendt, Cosmopolitanism Or Communitarianism each one consist of its own unique perspective and share some similar values. Throughout this analysis comparing and contrasting both Cosmopolitanism or Communitarianism will be expressed moreover what they mean where they come from and how each one is analyzed between one another will all be written in this comparative analysis. Cosmopolitanism is the ideology that all human ethnic groups belong to a single community based on a shared morality.Whereas communitarianism pretty much is the connection between individuals
In this essay, the author
- Explains that there are several different approaches to human rights expressed in society, ranging from cosmopolitanism to communitarianism.
- Explains that cosmopolitanism is based on the concept of an ethical obligation, respecting human rights, and treating each individual equally as human beings.
- Explains the philosophy of communitarianism, which is the connection between individuals and the community.
- Explains the difference between communitarianism and cosmopolitanism.
- Explains that communitarianism and cosmopolitanism each have different perspectives towards approaches on human rights.
- Explains that communitarianism and cosmopolitanism have different perspectives of human rights.
1186 wordsRead More - Poverty And Poverty Essayanalytical essayWhile there is no clear definition for ‘human rights’, it is possible to describe them as basic moral and legal rights that all people have, simply in virtue of their humanity. Although human rights are traditionally associated with being civil and political rights, they also include socioeconomic rights. Focusing on a political conception of human rights, it is important to note that not every question of social justice is a human rights issue. Despite UN declarations, many do not consider poverty a violation of human rights. Severe poverty, traditionally defined in terms of low income, concerns insecurity caused by a lack of resources. By the UN dividing its human rights law into two separate treaties, countries are able to endorse civil
In this essay, the author
- Argues that there is a human right to be free from poverty, arguing that poverty undermines human rights.
- Argues that poverty undermines basic human needs, thus undermining human rights. economic deprivation is a key feature of poverty, but it is also important to highlight the myriad of social and cultural disadvantages.
- Opines that extreme poverty is the greatest rejection of the exercise of human rights.
- Argues that a human right to be free from poverty also depends on the foundation for rights.
1023 wordsRead More - Human Rights Essayanalytical essay...nal human rights theories hold two vital components. The first is that human rights are essentially moral rights and second is that human rights are grounded is valuable aspect of humanity. John Locke, western philosopher, has one of the most well known traditional accounts of human rights. Locke argued that all the persons, independent to their recognition by the state, possess natural or human rights. In other words, natural or human rights are non-visible properties of personhood. Locke further argued that people do not need government to furnish them their rights. The people hold human rights irrespective of the state, and simply because they are rational persons. Locke believed that the state exist to protect these right and therefore can be held accountable for such. Advocates of practical theories on the other hand believe that the moral justification
In this essay, the author
- Explains that human beings are different from other species because of their ability to reason and express through a language common to the society they are living in.
- Argues that the survival of human beings is contrary to the principle of "survival of the fittest", which suggests that natural selection is a struggle for life in which only those organisms best adapted to existing conditions are able to reproduce.
- Explains that human rights are universal, and that they can be separated from other rights through three aspects — equality, inalienable and inherent
- Analyzes how christian bay, a well-known advocate of needs theory of human rights, believes that human need priorities are the only legitimate basis for human liberties.
- Explains that human rights can be traced back to ancient times where they were developed from the idea of natural rights.
- Explains that social thinkers have put different theories forward to elucidate how human rights have become an element of social expectations.
1790 wordsRead More