| Article | Transpositive Foundations of Positive Human Rights |
|---|---|
| Authors |
Kirste S.
|
| Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
| Issue | 2 / 2012 |
| Pages | 178 - 195 |
| Annotation | Human rights are individual rights, obliging an addressee to secure certain fundamental values of the human person. They can have a transpositive or positive form. As transpositive rights, they have moral or religious validity and are either moral or natural rights. Whereas moral rights oblige for everybody and serve to the fulfillment of a moral duty, natural rights are supposed to be binding just for public authority, because they are deduced from moral nature as such. Positive human rights or fundamental rights are human rights transformed into positive law, according to the procedural norms for the establishment of the respective (international or national) law and the fulfillment of which is monitored or enforced by the respective normatively bound measures. The article analyses this structure and exemplifies it by the example of the German «Border Guard Cases» and the so called Radbruch Formula. |
| Keywords | human rights, structural and ethical analysis of human rights, G. Jellinek's theory of status, human dignity, universality and universalizing of human rights. |
| References | |
| Electronic version | Download |