Publication details

Human Rights as Institutional Facts



Year of publication 2020
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Description Main aim of this paper is to show that it is possible to accept the existence of rights and human rights without being platonist and believe that there is some ideal world. It may seem that if you do not accept this ideal world you have to deny their existence. But this is not true. Human rights might be considered as institutional facts, thereby something that really exists. But how is it possible and what does it mean? We can explain it using the theory of speech acts. After this explanation, where we will see that collective intentionality plays an important role, it is clear that human rights have very strong position because they are constructed in accordance with basic instincts – at least the first generation of human rights. Consequently, we infere they must be universal. When declaring their universality it seems that we do not want to say just that all the people around the world has to accept human rights. It seems we incline to believe that they have to accept also our concept of them. This belief seems to me to be unfounded. Despite the fact that human beings all around the world tend to live, the concept of human rights differ.
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