HUMAN RIGHTS AND RAWLS’S THE LAW OF PEOPLES: A CRITICAL APPROACH

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NIKOUEI MAJID

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2012 | Volume:76 | Issue:79 Page(s): 125-153

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Information Journal Paper

Title

HUMAN RIGHTS AND RAWLS’S THE LAW OF PEOPLES: A CRITICAL APPROACH

Author(s)

NIKOUEI MAJID | Issue Writer Certificate

Keywords

RIGHTSQ2

HUMAN RIGHTSQ2

THEORY OF JUSTICEQ2

LAW OF PEOPLESQ2

JOHN RAWLSQ1

Abstract

The main purpose of this paper is to provide a justifying approach to RIGHTS embedded in international documents in light of Rawls’ Global Theory of RIGHTS and, then, evaluating them from the said approach. Indeed, it is endeavored to distinguish justified RIGHTS from unjustified claims under the rubric of RIGHTS. In this regards, JOHN RAWLS in his book, LAW OF PEOPLES, characterizes human RIGHTS as non-dependent on a particular ideology and religion, necessary, global and minimalistic. This paper, by evaluating human RIGHTS on the basis of the afore-said criteria, concludes that some of the alleged RIGHTS by international documents are unjustified and indefensible. Rather, they are ideals which, in any society and based on their common comprehensive doctrines and understanding of justice, are to be alleged and pursued. In the end, a reference shall be made to the necessity of formal and substantive criteria for the use of human RIGHTS concept and also to negative consequences of “RIGHTS inflation”.

Cites

INTERNATIONAL COMMITMENTS OF STATES TO ENSURING THE RIGHT TO SOCIAL SECURITY IN THE CONTEXT JOHN RAWLS THEORY

References

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APA: Copy

NIKOUEI, MAJID. (2012). HUMAN RIGHTS AND RAWLS’S THE LAW OF PEOPLES: A CRITICAL APPROACH. THE JUDICIARY’S LAW JOURNAL, 76(79), 125-153. SID. https://sid.ir/paper/137926/en

Vancouver: Copy

NIKOUEI MAJID. HUMAN RIGHTS AND RAWLS’S THE LAW OF PEOPLES: A CRITICAL APPROACH. THE JUDICIARY’S LAW JOURNAL[Internet]. 2012;76(79):125-153. Available from: https://sid.ir/paper/137926/en

IEEE: Copy

MAJID NIKOUEI, “HUMAN RIGHTS AND RAWLS’S THE LAW OF PEOPLES: A CRITICAL APPROACH,” THE JUDICIARY’S LAW JOURNAL, vol. 76, no. 79, pp. 125–153, 2012, [Online]. Available: https://sid.ir/paper/137926/en

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