Common, Universal Human Rights And Human Rights

As the time idea with the human reflection after World War Two on the phenomenon of massive assault and trample to the human rights , 'universal human rights' not only inherits the common theory about the classical human rights that formed and developed from the Renaissance, but also extends them in the new historical fields of vision. From the classical human rights to the universal human rights, the universality of human rights is gradually developing the world over, although there are many divergences on the understanding of the theoretical meaning of human rights, and there are many contrasts and conflicts because of these divergences. During this process, the understanding of the universality of human rights becomes the key for the dialogue of human rights in different discourse contexts. 'The human rights' with modern origin has its extensive space of particular discourse in theory and practice. No matter from the conception or from the theoretical construction to understand the human rights or the universality of human rights, it should not be dissociated from the theoretical stipulation formed by the discourse space of human rights. Relating with the development of Western philosophy, it is more clearly that the form and well-development of human rights thoughts or theories expect to and depend on this discourse space. From the first reflection of Greek's philosophy on subjectivity, through the thinking and certifying of the human self-value in the middle philosophy, and to the theoretical proving of inherent human rights in the modern natural law rights theory, this is the process that the human rights and its universality obtain theoretical self-realization in this particular discourse system. From this sense, the human rights and its universality are axiomatic to the countries and nations sharing this discourse context. But with the same prerequisite of this discourse context, Marx and otherwise, explored the value space of human rights from another theoretical thinking way. According to the development of his thought, through profoundly analyzing and criticizing the bourgeoisie's human rights and the whole inherent human rights, Marx set up the core value of human rights ideas, that is, 'the liberation of human being'. This put forward the theoretical direction for the human to understand the general value characters of human rights in theory as well as to make the dialogue of human rights in a wider scope in practice. Through the philosophical examination to human rights' general self-realization development in the western discourse, and combining with the criticism and analysis of Marx to human rights, the author thinks that human rights from the concept is the objective rights requirements that originate from the living needs, development needs as well as the satisfaction of these requirements. So, the universality of human rights depends on its value abstraction, subjectivity openness and content wholeness. This is the general idea basis of the universal human rights to the universality of human rights. However, the key of the human rights dialogue and communication in practice, especially the human rights cooperation and homogeny the world over, is the philosophical resonance of the universality obtained in the particular discourse context, that is, the particularity. As a result, from theory, the realization of the development of movement toward universal human rights in the world depends on the diversity of human rights value realization, the relativity of human rights' requirement and the concreteness of human rights practice. In the universal process of human rights, the development of human rights in most occident, and the construction of human rights in non-occident fully reflect the dialect relationship between the universality of human rights and the particularity of human rights. As the typical oriental developing country, China has its unique human rights mirror image. To China, human rights are the extroverted value pursuing essentially different from its native cultural id...