O DWÓCH PRÓBACH TRANSCENDENTALNEGO UZASADNIENIA PRAW CZŁOWIEKA
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Date
2006
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Wydział Prawa i Administracji UAM
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ON TWO ATTEMPTS OF TRANSCENDENTAL JUSTIFICATION OF HUMAN RIGHTS
Abstract
Human rights constitute a universal moral paradigm in the contemporary world. Paradoxically,
their wide recognition on the practical platform gives rise to numerous doubts as to the possibilities
of their theoretical justification. Therefore, the task of justifying human rights is one of the
important and still topical questions of the philosophy o f law. Alan Gewirth and Otfried Hòffe try
to justify human rights basing their considerations on the conditions that ensure the capability of
action and its transcendental nature for the acting subject. Such argumentation seems promising:
if one managed to argue convincingly that human rights are necessarily connected with what
every man as an object of such actions must necessarily want for him/herself, in other words, with
what they rationally want, those rights would then have a strong theoretical foundation. In the
critical part of this paper it will be shown why both quoted authors have failed to achieve their intended
goal. While Gewirth overestimates the scope of normative rules related to the necessary
conditions for actions, Otfried Hoffe introduces moral aspects to those premises, thus making his
argumentation of the hermenautics of law character rather than one of their fundamental
justification.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 3, s. 153-171.
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0035-9629