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On Globalization's Effects On Human Rights

Posted on:2008-11-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:J L QianFull Text:PDF
GTID:1116360215453570Subject:Legal theory
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This thesis is a combing-out of and reflection on the present study upon human rights'globalization in our country's circle of science of law and then puts forward a questioning at an angle of whether the tendency of globalization truly advances the realization of human rights.As we know,globalization has been becoming a fact and on-going tendency, and it has also been a background and paradigm of studies in many subjects. The scholars who study human rights in our country's circle of science of law also are influenced by it. Taking the recent years'study situation as a cut-in point ,based on further and more comprehensive study's achievement from other subjects at home and abroad, the thesis sets forth and demonstrates the relation between globalization and human rights.Regarding the relation between globalization and human rights,the scholars in our country's circle of science of law either regard it as the same as the relation between internationalization and human rights or merely largely set eyes on the globalization's positive influence on human rights,or even optimistically consider that globalization in human rights as one part will be globalized with other parts automatically.Instead, this thesis attempts to put forward and demonstrate that the globalization tendency as a whole cannot make the human society approximate the inherent value and ultimate end they pursue,and instead, it will only make the social order and social structure growingly deviate from the values and end that human rights inherently contains.This thesis is divided into seven parts altogether, its structural arrangement is as follow:The first part is an introduction.The theoretical and practical significance of the study of the relation between globalization and human rights.Human rights and the realization of the value and end inherently contained in human rights are the constant theme and ultimate end of value in sciences of humanities and society,especially in science of law.Human rights is theoretically rooted in the humanism. On the other hand ,at present globalization has been becoming an unavoidable background of times and factual tendency.What this thesis will discuss is not about the globalization and human rights themselves but only about the influence of the present globalization on human rights.Its aim is to expose and analyze the negative effects of the present globalization on human society and human living.Chapter one is about the situation of study of globalization and the analysis on it.This chapter combs the situation of study of human rights'globalization and the globalization in our country's circle of law science and gives introduction of and comments on the concepts of globalization and the different viewpoints of it.The author points out,the scholars either regard the internationalization of human rights as the globalization of human rights,or largely pay attention to the advancing and positive influence of the globalization on human rights;regarding the globalization,it is either mostly optimistically accepted as the obiective fact,or completely rejected or dealt with through resolution in policy by the scholars in our country's circle of law science.Then,the ahthor points out,as well as the viewpoint that the globalization is regarded as factual reality and inevitable law as in natural science,there is another viewpoint.The latter notices that the globalization is only an deliberately-designed and pursued result.Chapter two is on the theoretical root of human rights'values,the challenges it confronts and a pair of its characters.In this chapter,the following themes are discussed:promotion and realization of human rights ought to be the ultimate end and endless pursuit for human society,the contemporary challenges and criticisms on human rights,the two characteristics in human rights----individual's automomy and its dependence.The author thinks that although human rights are challenged and criticized from different theories and practice,these are not full excuses for being abandoned by human.It always is an ultimate end that human being pursue.It is theoretically rooted in humanism,that is,making everyone equally enjoy basic rights and freedom. Of course, the equal protection and relief for everyone around the world is its inherent and indivisible part.We must clearly know,there is a difficult problem in human rights:it emphasizes human's freedom and self-government while the human cannot realize it without the dependence on others and the power outside himself.It is the latter that provides protection and relief for the human of human rights.In addition,this chapter discusses the inherent relationship between human rights and its development in practice,which as a theoretical foundation to discuss the globalization's effects on human rights in the next chapter.Chapter three is about the theoretical and practical association of human rights with globalization.The chapter includes:the inherent and close relationship between human rights and globalization,the development of the internationalization of human rights and the analysis on the relationship between internationalization of human rights and globalization of it. This is a foundation of the next topic, the globalization's effects on human rights.Chapter four is about the effects of the globalization on human rights.In this chapter the effects of the globalization on human rights are divided two sides,positive and negative.Although two sides,the focus is upon the negative side.It is because,in the author's view,the positive influence is surficial,and the real and essential influence is only negative.The thesis emphasize two mutually related and different aspects:the globalization results in growing inequality among wolrdwide individuals;the globalization brings about growing gap of the capabilities of protection of human rights in different countries.The two aspects demonstrate how the globalization deviates from the value and end of human rights.Chapter five is to expose the origin of the globalization's negative influence on human rights and the reason why the scholars in our country's circle of law science neglect the negative effects.The author holds that this at least originates from two aspects:(1) the excessive effects of the notion that human rights is divided into positive and negative ones results in the ignorance of the human rights'dependence on the public power and authority.(2)The relationship between the globalization and the global framework and the inequality among them are neglected. As for the former, the notion of human rights'duality is closely related to that of liberty's duality.Their essential point,however,is the relationship between an individual and the others,autonomy and government from the public power,liberty and the public authority.The author insists that the realization of all rights depends on the protection and relief provided from the public power and thus all rights are positive rights .As for the latter aspect,what the author focuses on is :the relationship between the globalization and the global structure ,the both are deliberately-designed and pursued result,the inequal global structure resuls in the growing gap among the different countries and the individual from different countries.The last part is a brief conclusion.(1) the nuclear viewpoint in this thesis is reiterated:the present globalization virtually makes our globe growingly deviate from the ultimate value and end that human being is always pursuing.As for this,the globalization of human rights is meaningless.(2)the theme discussed in the thesis is limited once more.The thesis merely exposes and demonstrates the viewpoint above.As for how to resolve the question ,that is a complicated and heavy task and needs long-standing efforts of lots of persons.Because of the limited space and the author's capability,the thesis does not emphasize this issue.It may be the author's further research of this problem.
Keywords/Search Tags:globalization, human rights, globalization of human rights, internationalization of human rights, global structure
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