Pierre'o Manent'o iššūkis Ronaldo Dworkino žmogaus teisių sampratai /

This paper explores the compatibility between the prevailing liberal philosophy of natural human rights and the contemporary science of law and politics, characterized by a positivist or rationalist mindset. The analysis aims to elucidate why the joint critique of modern positivist thought and its moral relativism, as articulated in the works of American legal theorist Ronald Dworkin and French political philosopher Pierre Manent, has prompted these philosophers to engage in a polemic regarding natural human rights. The paper contends that Dworkin’s endeavour to demonstrate the objectivity of natural human rights by formulating a new liberal theory of jurisprudence remains unfulfilled due to a gap in the philosopher’s position identified through analysis. This gap, specifically the reluctance to ontologically consider the concepts under examination, gives rise to significant tensions between instrumentalist and rationalist interpretations of various aspects of the theory. In contrast, Manent’s approach is characterized by a thorough and consistent phenomenological investigation of the concepts under scrutiny. This method allows philosopher to explore ontological issues without any constraints and facilitates the discovery of the fundamental alignment between the ideas of positivism and liberalism, a connection elusive in Dworkin’s position. By reconstructing and comparing the authors’ stances on the issue of natural human rights, it becomes evident that Manent’s arguments exhibit superior consistency in approach compared to the claims of Dworkin’s liberal theory, which are marred by internal contradictions and positivistic assumptions.

Grantor dc:publisher

Institutional Repository of Vilnius University

Year dc:date

2024

Author dc:creator

• Žutautas, Matas,

Statement dc:rights

• info:eu-repo/semantics/openAccess

Language dc:language

lit

Repository record dc:identifier

https://repository.vu.lt/VU:ELABAETD210585553&prefLang=en_US

OAI identifier oai:identifier

oai:vu.lt:elaba:210585553