Publication details

Existují přirozená práva? aneb K ontologické podstatě přirozených práv z pohledu analytické filosofie

Title in English Are there Natural Rights? or About the Ontological Status of Natural Rights from the Point of View of Analytical Philosophy
Authors

RUTSCH Jan

Year of publication 2024
Type Article in Periodical
Magazine / Source Pravnik
MU Faculty or unit

Faculty of Arts

Citation
web https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2024/2024-6.html?a=3864
Keywords natural rights; human rights; analytical philosophy; ontology; ontological commitment; internal and external questions; holism; quasi-realism
Attached files
Description This article aims to present and analyze the stances of analytical philosophy as one of the most important schools of thought of the last century and their representatives on the ontological status of natural (moral) rights which has repeatedly become the target of criticism. The question of whether natural but also human rights exist is closely related to the existence of normative disciplines as such which for analytical philosophers represented one of their interests. The article presents a fundamental change in the perception of the ontology of abstract entities, natural rights included, and compares the Vienna Circle represented by Rudolf Carnap with post-war analytical philosophers such as Willard Van Orman Quine or Hilary Putnam. From Carnap’s internal and external questions, through Quine’s ontological commitment to Putnam’s abandonment of the last dogma of empiricism and Blackburn’s quasi-realism, the development of post-war analytical philosophy was accompanied by the change of perspective on classical ontology. This needs to be taken into consideration also in the case of natural and human rights. If the analytical philosophy urges us that classical ontology can no longer give us any answer, we need to find a new way to look at natural rights and their existence. This new perspective on the ontology of natural rights is analyzed in the article.
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