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A. Gewirth's Postulate for Justification of Human Rights
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인권의 정당화를 위한 게워스의 공준

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Type
Academic journal
Author
Journal
Korean Law Association Law Review Vol.35 KCI Accredited Journals
Published
2009.8
Pages
423 - 442 (20page)

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A. Gewirth's Postulate for Justification of Human Rights
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Abstract· Keywords

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In modern legal philosophy, various principles on the existence and the recognizability of social justice including human rights or substantial justice are developing in order to secure object justification of human rights. The purpose of this paper seeks recognition of methodology to guarantee justification of human rights focusing on the Gewirth's principles and foundation of human rights on legal philosophy as a moral rights.
Gewirth understands a great number of people who has various ability, desire and goal forms society and demonstrates human rights or freedom and wellbeing according to which all agents have inalienable rights to the capacities and facilities they need in order to be able to act in their life.
Especially, he states generic consistency of human is derivable from human agency and every agent must act in accordance with his or her own and all other agents' generic rights to freedom and well-being. The purpose of human rights is the provision of this necessities to every human beings and that is the justification for existence of reason of state. The act of a country should be set limits to secure of human rights.
Gewirth extends his examination of these principles to the current world context. He notes that the people in developing country has fundamental rights to be supported by the people in developed country. According to Gewirth's theory, human rights is derivable only via a dialectically-necessary mode of argumentation.
#게워스 #인권 #자연권 #현대인권론 #인권의 정당화 #변증법적으로 필연적인 방법 #보편적 일관성의 원리 #A. Gewirth #Human rights #Natural rights #Contemporary the Theory of Human rights #Justification on Human rights #Dialectically Necessary Method #Principle of Generic Consistency

Contents

국문요약
Ⅰ. 머리말
Ⅱ. 행위의 규범적 구조
Ⅲ. 보편적 일관성의 원리
Ⅳ. 보편적 일관성의 원리의 적용
Ⅴ. 결론
參考文獻
ABSTRACT

References (12)

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1. [학술지(정기간행물)] - 김도균 / 2001 / 자연법론적 승인률의 필연성에 관하여 / 법철학 연구 4 (1) dbpia 2. [학술지(정기간행물)] - 노영란 / 1997 / 인간의 권리와 합리성 / 국민윤리연구 (36) google schola 3. [학술지(정기간행물)] - 이동희 / 2009 / 현대인권론과 공리주의 ― 인권의 정당화 ― / 법철학연구 12 (1) : 443 ~ 474 dbpia 4. [학술지(정기간행물)] - Friedman, Richard B / 1981 / The Basis of Human Rights : A Criticism of Gewirth’s Theory / Nomos 23 google schola 5. [단행본] - Gewirth, Alan / 1978 / Reason and Morality / University of Chicago Press google schola

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