TY  - JOUR
T1  - The Theoretical and Social Conditions of Human Rights*
TT  - The Theoretical and Social Conditions of Human Rights*
AU  - Türkbağ, Ahmet
PY  - 2011
DA  - December
JF  - Annales de la Faculté de Droit d’Istanbul
PB  - Istanbul University
WT  - DergiPark
SN  - 0578-9745
SP  - 215
EP  - 224
VL  - 40
IS  - 57
LA  - en
AB  - Human rights are the most famous political and legal concepts ofour age. They seem a cornerstone of human being’s development anda criterion for the degree of civilization. Everybody -even crypto dissenters of them- champions human rights. From the radical right to theleft almost all political understandings try to show their compatibilitywith them. But this dust cloud can not hide the crucial questions andthe worries about human rights: what is the theoretical or ethical core(the sufficient explanation about which human being uniqueness andcauses of having these rights) of human rights? And, in the postmodernera, what are or can be their social bases, namely the conditions whichlead to comprise and support human rights norms? Which kind of socialstructure and relations give a rise to human rights norms? In this text Iwould like to give modest answers to the questions above. The Answerswould be modest because I do not argue that they are the only answerscan be given to such questions or they are completely true. But I stronglybelieve that the answers given below about the theoretical and socialbases of human rights, define the conditions which envisage personallyand socially a good condition for human being.
KW  - Human Rights
KW  - Ethics
KW  - Law
KW  - Globalization
KW  - Postmodernism
KW  - Sociology of Law.
N2  - Human rights are the most famous political and legal concepts of our age. They seem a cornerstone of human being’s development and a criterion for the degree of civilization. Everybody -even crypto dissenters of them- champions human rights. From the radical right to the left almost all political understandings try to show their compatibility with them. But this dust cloud can not hide the crucial questions and the worries about human rights: what is the theoretical or ethical core (the sufficient explanation about which human being uniqueness and causes of having these rights) of human rights? And, in the postmodern era, what are or can be their social bases, namely the conditions which lead to comprise and support human rights norms? Which kind of social structure and relations give a rise to human rights norms? In this text I would like to give modest answers to the questions above. The Answers would be modest because I do not argue that they are the only answers can be given to such questions or they are completely true. But I strongly believe that the answers given below about the theoretical and social bases of human rights, define the conditions which envisage personally and socially a good condition for human being.
CR  - Bentham J., An Introduction to The Principles of Morals and Legis- lation, Glaucester: Dodo Press, 2008.
CR  - Donnelly, Jack, “The Relative Universality of Human Rights”, Human Rights Quarterly 29 (May) 2007, pp.281-306.
CR  - Freeman, Michael, Human Rights, Cambridge: Polity Press, 2004.
CR  - Gurvitch, Georges, Sociology of Law, London: Kegan Paul Co. Ltd., 1974.
CR  - Kant, Immanuel, Groundwork of Metaphysic of Morals, Trans. H.J. Paton, New York: Harper Torchbooks, 1964.
CR  - Murphy, Jeffrie G., Jules L. Coleman, Philosophy of Law: An Introduc- tion to Jurisprudence, Colorado: Westview Press, 1990.
UR  - https://dergipark.org.tr/en/pub/iuafdi/issue//7735
L1  - https://dergipark.org.tr/en/download/article-file/6995
ER  -