Reconciling law and morality in human rights discourse : beyond the Habermasian account of human rights

• Main Author: Moka-Mubelo, Willy
• Format: Book
• Language: English
• Published: Springer 2020
• Subjects: Human rights > Philosophy; Political science; Political science > Philosophy; 323.01
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/86956
• Institution: Vietnam National University, Hanoi

In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law.