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본문내용
alities.
It appears that all human groups have moralities, that is, imperative norms of behavior backed by reasons and values.
These moralities contain specific norms (for example, a prohibition of the intentional murder of an innocent person) and specific values (for example, valuing human life.)
One way in which human rights could exist apart from divine or human enactment is as norms accepted in all or almost all actual human moralities. If almost all human groups have moralities containing norms prohibiting murder, these norms could constitute the human right to life. Human rights can be seen as basic moral norms shared by all or almost all accepted human moralities.
Yet another way of explaining the existence of human rights is to say that they exist in true or justified moralities. On this account, to say that there is a human right against torture is just to say that there are strong reasons for believing that it is almost always wrong to engage in torture.
This approach would view the Universal Declaration as attempting to formulate a justified political morality. It was not merely trying to identify a preexisting moral consensus; it was also trying to create a consensus on how governments should behave that was supported by the most plausible moral and practical reasons.
This approach requires commitment to the objectivity of moral and practical reasons. It holds that just as there are reliable ways of finding out how the physical world works, or what makes buildings sturdy and durable, there are ways of finding out what individuals may justifiably demand of governments.
Even if there is little present agreement on political morality, rational agreement is available to humans if they will commit themselves to open-minded and serious moral and political inquiry.
If moral reasons exist independently of human construction, they can when combined with premises about current institutions, problems, and resources generate moral norms different from those currently accepted or enacted.
The Universal Declaration seems to proceed on exactly this assumption.
One problem with this view is that existence as good reasons seems a rather thin form of existence for human rights. But perhaps we can view this thinness as a practical rather than a theoretical problem, as something to be remedied by the formulation and enactment of legal norms.
After all, the best form of existence for human rights would combine robust legal existence with the sort of moral existence that comes from being supported by strong moral and practical reasons.
reference
-http://www.un.org/en/rights/
-http://www.jhr.ca/en/index.php
-http://www.jhr.ca/en/aboutjhr_learnabout.php
-Social Science Research Network (SSRN)
-McIntyre, Alisdair "After Virtue" p. 69 Duckworth 1981
-http://www.archives.gov/exhibits/charters/declaration.html
-http://www.hrw.org/
-Maier, American Scripture, 20405.
-Wills, Lincoln at Gettysburg, 12931
-http://planet-iran.com/index.php/news/16038
It appears that all human groups have moralities, that is, imperative norms of behavior backed by reasons and values.
These moralities contain specific norms (for example, a prohibition of the intentional murder of an innocent person) and specific values (for example, valuing human life.)
One way in which human rights could exist apart from divine or human enactment is as norms accepted in all or almost all actual human moralities. If almost all human groups have moralities containing norms prohibiting murder, these norms could constitute the human right to life. Human rights can be seen as basic moral norms shared by all or almost all accepted human moralities.
Yet another way of explaining the existence of human rights is to say that they exist in true or justified moralities. On this account, to say that there is a human right against torture is just to say that there are strong reasons for believing that it is almost always wrong to engage in torture.
This approach would view the Universal Declaration as attempting to formulate a justified political morality. It was not merely trying to identify a preexisting moral consensus; it was also trying to create a consensus on how governments should behave that was supported by the most plausible moral and practical reasons.
This approach requires commitment to the objectivity of moral and practical reasons. It holds that just as there are reliable ways of finding out how the physical world works, or what makes buildings sturdy and durable, there are ways of finding out what individuals may justifiably demand of governments.
Even if there is little present agreement on political morality, rational agreement is available to humans if they will commit themselves to open-minded and serious moral and political inquiry.
If moral reasons exist independently of human construction, they can when combined with premises about current institutions, problems, and resources generate moral norms different from those currently accepted or enacted.
The Universal Declaration seems to proceed on exactly this assumption.
One problem with this view is that existence as good reasons seems a rather thin form of existence for human rights. But perhaps we can view this thinness as a practical rather than a theoretical problem, as something to be remedied by the formulation and enactment of legal norms.
After all, the best form of existence for human rights would combine robust legal existence with the sort of moral existence that comes from being supported by strong moral and practical reasons.
reference
-http://www.un.org/en/rights/
-http://www.jhr.ca/en/index.php
-http://www.jhr.ca/en/aboutjhr_learnabout.php
-Social Science Research Network (SSRN)
-McIntyre, Alisdair "After Virtue" p. 69 Duckworth 1981
-http://www.archives.gov/exhibits/charters/declaration.html
-http://www.hrw.org/
-Maier, American Scripture, 20405.
-Wills, Lincoln at Gettysburg, 12931
-http://planet-iran.com/index.php/news/16038
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