Theory of Needs as Justification of Human Rights: Current Approaches and Problems of Uncertainty and Normativeness

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F18%3A00103050" target="_blank" >RIV/00216224:14220/18:00103050 - isvavai.cz</a>

Result on the web

<a href="https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/4016/3191" target="_blank" >https://revistaselectronicas.ujaen.es/index.php/TAHRJ/article/view/4016/3191</a>

DOI - Digital Object Identifier

<a href="http://dx.doi.org/10.17561/tahrj.n10.1" target="_blank" >10.17561/tahrj.n10.1</a>

Result language

angličtina

Original language name

Theory of Needs as Justification of Human Rights: Current Approaches and Problems of Uncertainty and Normativeness

Original language description

This paper deals with the theory of needs as a possible justification of human rights. First, it defines the concept of need, which differs from the concept of want. It states that need is, by definition, objective in nature. The paper then analyses some concepts of need (especially those of David Miller and Massimo Renzo) and examines their advantages and disadvantages in relation to justification theories (for example James Griffin's approach which is based on the idea of normative agency). According to the author, these concepts have natural-law foundations and cannot deal, in particular, with the problem of transition from facts to norms. In addition, the requirements that we usually derive from needs retain too much uncertainty. In spite of these shortcomings, using them as arguments in law and even more in politics retains a great convincing power. Its sources are difficult to identify, however, it is an important concept we use in everyday life (though in a shifted meaning). Finally, the author concludes that although needs are not able to establish human rights in a satisfactory way – provided we renounce the universal nature of these rights – they can play a very useful and important role in justifying them in certain local contexts.

Czech name

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Czech description

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Type

J_imp - Article in a specialist periodical, which is included in the Web of Science database

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

S - Specificky vyzkum na vysokych skolach

Publication year

2018

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

The Age of Human Rights Journal

ISSN

2340-9592

e-ISSN

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Volume of the periodical

6

Issue of the periodical within the volume

10

Country of publishing house

ES - SPAIN

Number of pages

21

Pages from-to

1-21

UT code for WoS article

000436142200001

EID of the result in the Scopus database

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