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Kultur Dokumente
Chapter 1
INTRODUCTION
Background of the Study
that
entitled
to
everyone,
certain
by
virtue
human
rights
of
is
her
or
fairly
his
humanity,
new. 1
Its
is
roots,
much
of
history,
people
acquired
rights
and
2010
2
3
Samuel Moyn, The Last Utopia: Human Rights in History. Harvard University Press,
http://www.humanrights.com/what-are-human-rights/brief-history/magna-carta.html
Op. Cit. Samuel Mown
for
Human
Rights
(OHCHR)
which
represents
the
philosophy
of
human
rights
attempts
to
examine
the
at
its
content
and
justification.
Several
theoretical
approaches have been advanced to explain how and why the concept
of human rights developed. One of which is the Theory based on
justice, the subject matter of this research paper.
The researcher is tasked in this study to discuss the Theory
of
based
succeeding
on
justice
pages
of
and
this
its
relation
paper
will
to
human
discuss
in
rights.
The
detail
the
http://www.ohchr.org/EN/AboutUs/Pages/WhoWeAre.aspx
determine
Justice
is
the
reason
regarded
as
why
one
the
of
Theory
the
Based
on
fundamental
READERS/RESEARCHERS.
Findings
of
this
study
will
be
Definition of Terms
The
following
terms
are
defined
both
conceptually
and
whatever
our
nationality,
place
of
residence,
sex,
discrimination.
These
rights
are
all
interrelated,
equality
of
mankind
and
the
desirability
of
political,
individual
income
across
the
various
participants
in
an
the
primordial
natural
condition
of
human
society
Ibid.
Income Inequality Definition | Investopedia
http://www.investopedia.com/terms/i/income-inequality.asp#ixzz3pUH1ngxE
10
American Heritage Dictionary of the English Language, Fifth Edition. Copyright
2011 by Houghton Mifflin Harcourt Publishing Company
11
Bryan Nelson, Western Political Thought: From Socrates to the Age of Ideology,
Waveland Press, 1996
9
minimize
the
influence
of
selfish
bias
in
attempting
to
12
John Rawls, A Theory of Justice, p. 3-6 , the Belknap Press of Harvard university press,
Cambridge, Massachusetts, 1971
Chapter II
DISCUSSION
HUMAN RIGHTS
Human
rights
are
moral
principles
that
set
out
certain
of
human
rights
has
been
highly
influential
within
and
debates
about
the
content,
nature
and
13
10
may
be
seen
as
emanating
from
various
sources,
emphasizes
the
need
to
come
to
terms
with
the
14
required
to
observe
certain
minimum
standards
in
the
14
11
important
book
of
American
which
he
calls
justice
philosophy
published
in
the
fairness,
assumes
an
17
18
12
and
duties,
while
the
second
holds
that
social
and
economic inequalities.19
In terms of its epistemological status, Rawls says that the
original position is hypothetical in nature. Rawls argues that
these principles are in fact what the parties would agree upon if
they
were
in
that
hypothetical
situation
of
the
original
Ibid.
13
in
importantly,
society,
that
are
justice
unable
is
to
about
do
so.
This
protecting
means,
the
weak
more
and
He
emphasizes the point that these principles rule out as unjust the
utilitarian justification of disadvantages for some on account of
greater advantages for others, since that would be rationally
unacceptable to one operating under the veil of ignorance. Rawls
is opposed to the teleological or consequentialist gambit of
defining the right in terms of maximizing the good; he rather
is committed to a priority of the right over the good.
is not reducible to utility or pragmatic desirability.
notice
that
the
first
principle
of
justice,
which
Justice
We should
requires
14
is
prior
in
serial
or
lexical
order
to
the
second,
which
Thus, for
his
theorys
relation
with
the
international
an
compatible
equal
with
right
a
to
similar
the
most
liberty
extensive
for
basic
others.
liberty
The
basic
20
Ibid.
15
limit
free
access
of
the
press
to
sensational
legal
inequalities
can
be
justified,
but
Thus socio-
only
if
both
first
the
condition,
idea
that
the
difference
every
principle,
socio-economic
takes
difference
16
talented
people
accepting
the
awesome
23
17
24
the
general
welfare
for
if
one
person
is
to
be
to
Rawls,
each
person,
from
the
point
of
view
of
welfare,
even
if
that
sacrifices
someone.
For
of
each.
This
basically
violates
the
persons
basic
basic
opportunity
for
point
all,
is
that
people
can
in
this
pursue
condition
their
of
equal
life-plans
and
profit from the same, but they must contribute through taxes to
serve the worst off or the disadvantaged, an adjustment meant to
ensure that the worst off can have the opportunity to improve
their lives. This is what the famous difference principle calls
24
Ibid. p.316
18
of
the
injustice
is
not
great,
then
respect
for
tried
and
failed
and
their
measures
have
caused
disobedience
be
used
in
addressing
the
domestic
and
25
19
can
disobedience,
feel
moral
which
Rawls
obligation
defines
as
to
Otherwise,
engage
public,
in
civil
nonviolent,
violations
equality
of
of
equal
opportunity,
civil
with
violations
and/or
of
the
of
fair
difference
principle being murkier and, thus, harder to justify; (2) the act
of civil disobedience should come only after appeals to the
political majority have been reasonably tried and failed; (3) it
must seem likely to accomplish more good than harm for the social
order.
26
the
disobedient
action
seems
right,
there
remains
the
the
circumstances,
disobedience.
himself
or
Ultimately,
herself
to
engage
every
whether
in
the
individual
such
action
act
must
is
of
civil
decide
morally
for
and
(to whom Rawls refers in a footnote) seem to have met all the
26
20
Pluralism of Ideas
A just society must protect basic liberties equally for all
of its members, including freedom of thought and its necessary
condition, freedom of expression.
matters
they
hold
dear.
They
will
develop
their
own
philosophical
or
moral.
Yet
of
potentially
to
suppress
reasonable
It would be unjust
comprehensive
doctrines
citizens
are
stable
and
deeply
just
society
divided
by
whose
free
conflicting
and
equal
and
even
21
allow
for
an
overlapping
consensus
of
This
reasonable
develop
workable
overlapping
consensus
despite
the
Yet
even then, not all is fair in war, and rules of just warfare (jus
in bello) should be observed:
John Rawls, Political Liberalism pp. 291-292, 340-342, 145, xviii, 13, 152n., 59-60,
133, 154-155, 144, 134, Columbia University Press, 1993
22
moral principles.
29
of
distributive
justice.
It
will
address
socio-
the
peoples
of
our
planet
and
fully
controls
all
the
resources
it
extracts.
If
it
uses
those
extracted
If it sells some
The
taxes
to
their
governments
which,
in
turn,
would
be
29
John Rawls, Law on People pp, 94-96, 98-99, 37, 106, 114-117, Harvard University
Press, 2001
30
Thomas Pogge, An Egalitarian Law on Peoples, pp. 195-196, Blackwell Publishing
1994
23
were honest, they could disburse the funds; if they were corrupt,
then transfers could go through United Nations agencies and/or
nongovernmental
organizations.
At
any
rate,
they
should
be
31
levies
equivalent
to
on
its
exports
GRT
enforcement measures.
to,
this
obligations
country
plus
to
the
raise
cost
of
funds
these
Rawls
particularly
31
32
considers
worried
Ibid. pp 119-202,205,
Ibid. pp 219-204
his
by
theory
the
as
unreality
"ideal",
of
his
and
is
not
assumptions.
24
assumptions
built
into
the
description
of
the
original
But
the
problem
of
justice
in
many
places
25
and
in
which
the
content
of
knowledge
is
ideologically significant.
5.
The
choosers
themselves.
are
But
ignorant
that
of
imagined
relevant
degree
details
of
about
ignorance
is
usual
experience.
Usually,
people
know
what
they
problem
of
that
theory,
as
Robert
Paul
Wolff
26
any
relevance
33
Rawls's
theory
might
have
for
our
nation,
what
is
happening
is
the
difference
of
the
worst-off,
oligarchs
are
the
the
scenario
one
who
in
create
our
country
such
is
that
these
disadvantages.
These
John Paul Wolff, Understanding John Rawls: A Reconstruction and Critique of A Theory
Based on Justice, Princeton University Press, 1977
27
the
poverty
of
human
life.
Unjust
social
arrangements
mode
of
social
cooperation
therefore
entails
looking
at
egalitarian
advocate,
failed
to
suggest
measures
to
28
and
by
overcoming
real
problems
that
hinder
our
29
Chapter 3
CONCLUSION
redistributive
taxation
to
the
poor,
and
they
would
develop
such
measures
to
ensure
that
the
political
majority would not try to create measures that would endanger the
worst off. He believe that civil disobedience is a tool of a
just society in order to combat such measures.
30
31
BIBLIOGRAPHY
BOOKS
Nelson, Bryan. Western Political Thought: From Socrates to the
Age of Ideology. Waveland Press. 1996
Rawls,
John.
Theory
of
Justice.
Belknap
Press
of
Harvard
Political Liberalism.
1993
Waltz, Kenneth N.
Higher Education.1979
Shaw, Malcom C. International Law, 5th ed. Cambridge University
Press, The Edinburgh Building, Cambridge, 2003
JOURNALS
Pogge, Thomas. An Egalitarian Law on Peoples, Blackwell
Publishing. 1994
32
INTERNET SOURCES
http://www.humanrights.com/what-are-human-rights/briefhistory/magna-carta.html
United Nations High Commissioner for Human Rights (OHCHR)
http://www.ohchr.org/EN/AboutUs/Pages/WhoWeAre.aspx
Income Inequality Definition | Investopedia
http://www.investopedia.com/terms/i/incomeinequality.asp#ixzz3pUH1ngxE
33