Sponsored by China Society for Human Rights Studies

HE Zhipeng: Historical Logic and Social Logic of Human Rights

2019-06-26 14:36:51
Historical Logic and Social Logic of Human Rights
 
HE Zhipeng
 
Abstract: Emphasizing the historical logic of human rights means to pay attention to the close relationship between human rights and history, and not to regard human rights as an ancient and surviving concept that transcends history. Human rights may be defined as the institutional expression of people's pursuit of a better life. Although in many cases, people try to regard human rights as a self-contained concept, a common theory accepted by all civilizations, and a common system suitable for all states, it is not the case in reality. The practical evidence has repeatedly proved that human beings did not enjoy human rights or human rights ideas for a long period of time in history.
 
At the same time, emphasizing the social logic of human rights means that we should pay full attention to the relationship between human rights and social life. We should also prevent the theory and proposition of separating human rights from society. The current practice of human society also shows that human rights in different civilizations, there are different manifestations.
 
Concerning current human rights issues in the international community, there are still views and practices that regard human rights as a unified truth, as well as judging human rights by a single standard, it is especially necessary for us to reaffirm the historical logic and social logic of human rights. The historical logic of human rights means that human rights do not exist when humans appear. It is a concept that emerges as human life reaches a certain historical stage. It will also change with the development of human history.
 
The close connection between human rights and history and society has at least the following four aspects.
 
First, the notion of equality and tolerance on the concept and practices of human rights from different cultures is very important. The social logic of human rights implies that human rights are closely related to specific conditions of social life. To understand human rights should not be divorced from the living conditions and survival needs of people in society. A reasonable way must be to recognize human rights in the context of society and history. Only when we have a clear understanding on the basic conditions of human life can we make a correct judgment on human rights. Human rights should be regarded a term invented by human society for people's happy lives in a certain historical period. That is to say, it is not reasonable and not correct if someone tries to transcend the historical environment of human beings and the social environment to look at the protection of human rights.
 
Second, the concept of human rights, recognized and respected in the global dimension, is due to the level of communication in human society has escalated to a new stage of globalization. 
 
Third, the reason why the term of human rights is widely accepted around the world is because he meets people's desire and pursuit of a happy life as the content of human social life is getting closer. because human beings face similar challenges and problems, human rights practices can exchange ideas with each other and learn from each other.
 
Fourth, the historical logic and social logic of human rights also tell us that human rights dialogues across civilized human rights are necessary because human rights exist in many different social environments. When human beings are facing more and more similar problems, common human rights requirements have emerged in human society. As a solution of human society to the problems and the challenges, human rights have the characteristics of cross-cultural communication and reference. At this time, cooperation in the field of human rights has become necessary and possible.
 
Keywords: human rights; historical logic; social logic; cross-cultural exchange; international cooperation
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