HUMAN RIGHTS BETWEEN DREAMS AND REALITY
HUMAN RIGHTS BETWEEN DREAMS AND REALITY
Author(s): Csaba VargaSubject(s): History of Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: historical roots of the idea of human rights; foundation of human rights; nature of human rights; cultural contexture of human rights; universality vs. particularity of human rights;
Summary/Abstract: The analysis of historical development, foundation, true nature, as well as the universality/particularity issue shows that human rights as such exist only through action—through speaking and acting in their name. Throughout our civilisational development tasks are articulated; in one way or another we posit it; then we adjust our behaviour to it. In laws as in any normative standard, the positivation of a linguistically expressed obligation can become the factor of motivation for human action within a receptive medium of humans (who are prepared through education and socialisation to transform into a hermeneutic community), exerting influence so that it can actually shape behaviour with some efficiency on a mass scale (or, more precisely, to channel mass behaviour into the framework set by its patterns), according to the patterns it has forwarded. Thus, in the ontology of social existence, human rights, taken as intellectual representations that usually function as ideologies, achieve real significance only when they actively influence social processes, intervening as intermediaries in(to) social mediation
Journal: Зборник радова Међународни научни скуп „Изазови и перспективе развоја правних система у XXI вијеку"
- Issue Year: 1/2024
- Issue No: 4 (1)
- Page Range: 57-78
- Page Count: 22
- Language: English