Video 1 Fundamentos y corrientes filosóficas DH

Summary

The video delves into the importance of human rights, emphasizing the state's role in enforcing them, even through the use of force when necessary. It discusses the categorization of human rights into various groups, starting with moral and personal rights like life and property, followed by freedoms, and social equality. The video also touches on the historic evolution of human rights, exploring the contributions of both historicist and ethical perspectives. It highlights the progression of human rights across generations and their recognition by states over the past three centuries.

Takeaways

• 😀 The concept of human rights is deeply rooted in philosophical thought, where different perspectives (naturalism, historicism, positivism, ethical axiology) contribute to understanding and enforcing them.
• 😀 Human rights are inherently linked to the idea of individual freedoms, which are defended by the state through legal and political structures.
• 😀 Natural law theories argue that human rights are universally applicable due to their foundation in human nature, while historicist approaches focus on the evolution of rights over time.
• 😀 The importance of subjective rights is emphasized, meaning individuals must have the ability to claim their rights, even using the state's force if necessary to ensure their protection.
• 😀 The lecture discusses the historical development of human rights, categorizing them into generations such as first, second, third, and fourth, with each generation expanding on the rights recognized by states.
• 😀 Rights are categorized by priority, with moral rights (like life and property) considered fundamental, followed by freedoms, and finally, social and equality rights.
• 😀 The speaker highlights the debate between different ethical approaches to human rights, discussing the distinction between moral and legal rights, and how each influences state actions.
• 😀 Historicism plays a significant role in shaping the current understanding of human rights by examining their development over the last three centuries, reflecting on key contributions from various philosophies.
• 😀 The moral and legal dimensions of human rights are examined, with particular emphasis on how these rights can be legally protected and enforced across societies.
• 😀 The lecture provides a foundation for further exploration of the concept of human rights, inviting students to engage with both historical and philosophical approaches to the topic.

Q & A

What is the primary objective of the class as introduced by the speaker?

The primary objective of the class is to discuss the texts the students have been reviewing and to focus on how to extract essential ideas from these texts. The speaker emphasizes the importance of writing synopses rather than summaries or syntheses.

What is the difference between a synopsis and a summary according to the speaker?

A synopsis, as described by the speaker, is more than just a summary. It involves extracting the essential ideas of a text, linking them to the title, purpose, and conclusions of the author. A synopsis also includes personal reflections on the text.

Why does the speaker stress the importance of a multidisciplinary approach to studying human rights?

The speaker stresses that studying human rights should not be confined to just legal theory but should involve other social sciences such as political theory, legal sociology, history, and jurisprudence. This multidisciplinary approach helps provide a fuller understanding of human rights.

What historical context does the speaker provide about the development of human rights?

The speaker explains that the concept of human rights, as we understand it today, was not internationally recognized until after World War II. Prior to this, some countries included human rights in their constitutions, but it wasn't a universally acknowledged term until then.

What are the four philosophical currents in the study of human rights that the speaker mentions?

The four philosophical currents discussed in the essay by Eusebio Fernández are: naturalism, historicism, ethical/axiological foundations, and positivism. The speaker also mentions that while positivism is not explicitly categorized in the essay, it is referenced and explored.

How does the speaker critique naturalism in the context of human rights?

The speaker critiques naturalism for presenting human rights as absolute, eternal, and unchanging. While naturalism provides valuable insights, it fails to fully recognize the evolution of human rights and the need for a more flexible, historical understanding.

What is the role of dignity in the naturalistic foundation of human rights?

Dignity plays a central role in naturalism, as human rights are often justified based on human dignity. The speaker highlights that the naturalistic approach to human rights evolved when it began to be linked to human dignity, particularly with regard to the ontological and deontological perspectives.

What does the speaker mean by 'historicizing' the concept of human rights?

Historicizing the concept of human rights means recognizing that human rights are not fixed or universal in the same way as natural law proponents suggest. Instead, the speaker argues that human rights have evolved historically and are shaped by the context of different time periods.

What is the significance of the 'device' postulate in the context of human rights?

The 'device' postulate refers to the idea that human rights must be explicitly recognized in supreme documents like constitutions. The speaker introduces four postulates that must be met for human rights to be considered fundamental, including being written in supreme documents and having mechanisms for enforcement.

How does the speaker relate the philosophical theories of human rights to the legal mechanisms in place today?

The speaker connects philosophical theories, such as naturalism and positivism, to modern legal frameworks, arguing that human rights are not only philosophical but also legal constructs that must be codified in laws and enforced by the state. The legal mechanisms ensure that these rights are recognized and upheld.