人权的理论正当性:以自然权利理论为例

Mudassar Hussain, Naeem Akhtar
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摘要

自然权利的理论论证考察了支持这些权利存在和适用的哲学基础和伦理原则。根据自然权利的概念,人们仅仅因为是人而拥有某些权利,无论是团体还是政府都不能赋予他们这些权利。它还简要概述了支持自然权利的理论,包括那些依赖于道德直觉、人性和社会契约的理论。道德直觉法认为,自然权利是不言而喻的,是普遍接受的,因为它们是基于我们与生俱来的对与错的感觉。它声称某些固有的人权是人类繁荣和幸福所必需的。人性观从人的内在素质和需要出发,维护人的自然权利。它认为,一些权利,如生命权、自由权和财产权,源自人类的基本属性和能力。根据社会契约理论,社会成员之间的假设协议是自然权利的基础。它建议人们自愿创建一个社会契约,以建立一个管理机构,维护和捍卫他们的基本权利。这些理论辩护为理解自然权利的性质、意义和辩护提供了框架。他们强调这些权利的内在和普遍性质、人类尊严的价值以及不可剥夺的观念。通过承认和维护其自然权利,个人可以过上有尊严的生活。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Theoretically Justification of Human Rights: A Case of Natural Rights Theory
The theoretical justification of natural rights examines the philosophical foundations and ethical principles that support the existence and applicability of these rights. People have some rights simply by being human, and neither groups nor governments may bestow them upon them, according to the idea of natural rights. It also provides a concise overview of the theories that support natural rights, including those that rely on moral intuition, human nature, and the Social Contract. The moral intuition approach maintains that natural rights are self-evident and universally accepted since they are based on our innate sense of right and wrong. It claims that certain inherent human rights are required for human flourishing and well-being. Based on the intrinsic qualities and needs of people, the human nature perspective defends natural rights. It argues that some rights, such as the right to life, liberty, and property, are derived from basic human attributes and abilities. According to the Social Contract theory, a hypothetical agreement among members of a community serves as the foundation for natural rights. It proposes that people voluntarily create a Social Contract to set up a governing body that upholds and defends their fundamental rights. These theoretical defenses offer frameworks for comprehending the nature, significance, and defense of natural rights. They emphasize on these rights’ intrinsic and universal nature, the value of human dignity, and the idea of inalienability. Individuals can live dignified lives by recognizing and upholding their natural rights.
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