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JURSPRUDENCE:2.Critically discuss postmodernist views of human rights and justice, with particular reference to Costas Douzin - Essay Example

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Human Rights and justice The postmodern notion of the human rights can be said to find its roots within the concept of Westphalia which is an acronym for the system of the equal and sovereign states and followed with the peace treaties of Westphalia made in the year 1648 signaled the termination of thirty years war and igniting the concept of sovereign statehood1…
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JURSPRUDENCE:2.Critically discuss postmodernist views of human rights and justice, with particular reference to Costas Douzin

Download file to see previous pages... Postmodernism will be a significant parameter on the basis of which discussions of the human rights and justice will be made. Majority of the studies centering on the postmodernism initiates with that of a remark that post modernism is inflicted with the attributes of ambiguity and mysteriousness. The diverse facet of post modernism does not direct towards the concentration on a single identity and that the words like “isn’t this, it isn’t that, it isn’t a whole series of things” 3 are generally attached in sharp contrast with the concept of modernism. One of the most predominant features of the post modernist view is the negation of the friendly relation with the human rights which further stands on the rudiments of antagonism towards the concept of the self-governing subject as well as that of the idea of universality. One of the preeminent scholars in the field of postmodernist view of human rights is Costas Douzinas. The paper will be centering on the discussion of the human rights and that of justice with the special reference to that of Costas Douzinas famous writing “The End of Human Rights”. ...
The liberal philosophy is infused through the works of the classical jurists and that of the eminent philosophers like Hobbes, Locke and that of Kant rather conjecturing on their pale jurisprudential imitations. In the subsequent sections the classical critics like that of Burke, Marx, Hegel and Heidegger are utilized in order to investigate the limitations of the liberal philosophy. The book seeks towards the reactivation of the tradition of dissent and rebellion which are directed towards the history of rights for the purpose of sketching a significantly new utopian atmosphere from within the historical immanence and the utilization of the same in order to criticize the legal institutions. The book also argues that once the end of the process of recovering transcendence in immanence is lost then the perspective of the human rights becomes imminent6. But this elucidation is highly obscure at this initiation phase of the paper. Although this short description is provided in order to have a narrow glimpse of further description of the paper upon the background on which it will be explained. Escalating significance of human rights in the modern times In the modern times in which we live is basically the ‘age of rights’ and the concept of human rights have been regarded as a chief criterion of the political legitimacy. The human rights can be viewed as a trajectory which involves itself in the process of legitimizing and delegitimizing the power. In the words of John Rawls human rights can be said to be that of “a necessary condition of a regime’s legitimacy”7. Development and deviation between various concepts Concentration on the individualistic nature The development path can be traced back to the juncture when the French in ...Download file to see next pagesRead More
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