How It All Began – Exploring the Theoretical Conceptualisations of Absolute Rights

The concept of absolute rights occupies a contentious space in both academic literature and legal practice. The aim of the paper is to shed light on the philosophical explanations of the term, by contrasting philosophical paradigms -deontological ethics, which uphold the intrinsic wrongness of certain actions irrespective of outcomes, and consequentialist ethics, which prioritize the outcomes and may justify overriding rights for some greater good. Starting from the caveat regarding the intricate relationship between moral and legal human rights and differing viewpoints on their interconnectedness, it offers a comprehensive examination of theoretical interpretations of absolute rights, with the special emphasis on the effects that 9/11 attacks may have had on the theoretical positions. Ultimately, the objective of the analysis is to contribute to the broader discourse on human rights by offering a recapitulation of an important academicdebate that has yet to be concluded.

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Publication Details

Journal
Revista de Estudios Judiciales
Published
2024-08-30
DOI
https://doi.org/10.70635/riej.v8i8.47
Primary Topic
Human Rights and Development
Type
article
Field-Weighted Citation Impact
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article

How It All Began – Exploring the Theoretical Conceptualisations of Absolute Rights

Ana Zdravković
Revista de Estudios Judiciales
Human Rights and Development
article

How It All Began – Exploring the Theoretical Conceptualisations of Absolute Rights

Ana Zdravković
article en

Abstract

The concept of absolute rights occupies a contentious space in both academic literature and legal practice. The aim of the paper is to shed light on the philosophical explanations of the term, by contrasting philosophical paradigms -deontological ethics, which uphold the intrinsic wrongness of certain actions irrespective of outcomes, and consequentialist ethics, which prioritize the outcomes and may justify overriding rights for some greater good. Starting from the caveat regarding the intricate relationship between moral and legal human rights and differing viewpoints on their interconnectedness, it offers a comprehensive examination of theoretical interpretations of absolute rights, with the special emphasis on the effects that 9/11 attacks may have had on the theoretical positions. Ultimately, the objective of the analysis is to contribute to the broader discourse on human rights by offering a recapitulation of an important academicdebate that has yet to be concluded.

Revista de Estudios Judiciales(8)
Openalex Percentile: Top 52%
Human Rights and Development
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How It All Began – Exploring the Theoretical Conceptualisations of Absolute Rights — Ana Zdravković · Revista de Estudios Judiciales (2024) | TGRS Research Map | TGRS