{"title":"Between Globalization of Human Rights and Territorial Protection of Civil One","authors":"R. Wonicki","doi":"10.18276/aie.2023.61-02","DOIUrl":null,"url":null,"abstract":"The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political rules, in the biological paradigm they are perceived as natural. In this situation, from political perspective the life of the others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, human rights cannot be enforced with the same effectiveness as the laws enforced in the area of state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories - space and border – that play an important role in understanding the processes of globalization that affect the legitimation and enforcement of human rights.","PeriodicalId":37710,"journal":{"name":"Analiza i Egzystencja","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Analiza i Egzystencja","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18276/aie.2023.61-02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Arts and Humanities","Score":null,"Total":0}
引用次数: 0
Abstract
The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political rules, in the biological paradigm they are perceived as natural. In this situation, from political perspective the life of the others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, human rights cannot be enforced with the same effectiveness as the laws enforced in the area of state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories - space and border – that play an important role in understanding the processes of globalization that affect the legitimation and enforcement of human rights.
期刊介绍:
«Analysis and Existence» is a quarterly published in paper version (the basic version) and electronically (in Open Access system); licence CC BY-SA. The Journal is included in the Directory of Open Access Journals (DOAJ). The Journal has been published since 2005, at the beginning twice a year, and since 2011 as a quarterly. Since 2007 the Journal has been listed in the DOAJ, since 2015 in the European Reference Index for the Humanities (ERIH PLUS), and since 2016 in the SCOPUS. The Journal has been publishing articles in Polish, English and German. In 2017 there were 40 volumes of the Journal «Analysis and Existence». Among the authors who have published their articles in the Journal there were such celebrities as Rae Langton, Graham Oppy, Wlodek Rabinowicz, Richard Rorty, John Skorupski, Richard Swinburne, and Michael Teunissen. We invite to cooperate with the Journal all the scholars who investigate existential problems, as well as the ones who concentrate on analysis and arguments. We aspire to a philosophy that is solid and reliable as much as possible, a philosophy that deals with important existential questions. We proceed only papers submitted on this webside by "Suggest article".