How it all began – exploring the theoretical conceptualisations of absolute rights

Zdravković, Ana (2024) How it all began – exploring the theoretical conceptualisations of absolute rights. Revista de Estudios Judiciales (8). pp. 5-47. ISSN 0719-8779

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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 academic debate that has yet to be concluded.

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