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Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu
Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu
OSSA Conference Archive
In this paper, I ask whether we can weigh and balance indigenous cosmovision—the reasoning used as the main source of legitimacy in some rights of nature legislation—within a secular legal system. I examine three barriers that rights of nature and their corollary spiritual reasoning are likely to encounter if they are invoked in secular courts: (a) spiritual reasoning is non-defeasible (Part 3) and (b) irrational (Part 4), and (3) the current concept of human rights as a universal legal norm is based on a circular logic (Part 5). In order to overcome these barriers, I draw inspiration from Dworkin’s ‘rights …
Commentary On A Perspective Of Objectivity In The Human Rights Arguments, Danny Marrero
Commentary On A Perspective Of Objectivity In The Human Rights Arguments, Danny Marrero
OSSA Conference Archive
No abstract provided.
Particular Reasoning Versus Universal Human Rights: A Case Of China, Jingjing Wu
Particular Reasoning Versus Universal Human Rights: A Case Of China, Jingjing Wu
OSSA Conference Archive
In this paper, I argue that there is objectivity in the international human rights law, against which the justifiability of arguments can be determined and the universality vs. relativity of human rights debate could be taken a step further. I propose an optimising approach for treaty interpretation, point out that there is epistemic objectivity residing in this approach, and analyse China’s relativism arguments on Article 1 of the Convention against Torture to elaborate above points.