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Rights, World‐Society and the Crisis of Legal Universalism*

 

作者: FRANCESCO BELVISI,  

 

期刊: Ratio Juris  (WILEY Available online 1996)
卷期: Volume 9, issue 1  

页码: 60-71

 

ISSN:0952-1917

 

年代: 1996

 

DOI:10.1111/j.1467-9337.1996.tb00226.x

 

出版商: Blackwell Publishing Ltd

 

数据来源: WILEY

 

摘要:

Abstract.The universalism of rights is a corollary to the individualistic semantics of the Enlightenment and the French Revolution. Paradoxically, the grounds of universalism were those legal and political concepts that theoretically describe the 19th century nation‐state (such as sovereignty of the people, citizenship, rights, and the like). All these concepts of the liberal tradition construct the nation‐state on the presupposition of a highly homogeneous political community of rational subjects, whose homogeneity consists in the very social, economic, political and sexual conditions of their rationality. This kind of legal and political semantics is no longer adequate to characterize contemporary society which is a multicultural, highly in‐homogeneous world‐society. It no longer incorporates an ethic which is able to enforce universal leading values for human

 

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