Study Of The Universality Of Human Rights And The Relativity Of Culture

The term of human rights is the greatest invention and the most virtuous one in the present-day world,which has been experienced a long progress of development and evolution.Owing to the effect of various factors,the connotation of human rights and their attributes has become complicated and changeable gradually,which makes it necessary to be comprehended and observed from the perspective of history,ethnics,philosophy and law,and so on.This thesis utilizes historical carding and theoretical analysis,comprehensively expounds and proves the formation,development and evolution of human rights and evolution of human rights and the theory of universality,analyzes the rationale and the causes for various arguments and confrontations.Then it utilizes the theory of the relativity of culture to analyze and evaluate and points out the theoretical deficiency and practical dilemma of the universality of human rights.It is thought that their conflicts should be complemented by cross-cultural communication and cooperation of human rights on the bases of correctly recognizing the communality and difference of cultures.Finally,the thesis puts forward the Chinese program and concrete practice for the global governance of human rights.The theory of universal human rights is rooted in liberalism--the core of the doctrine of natural rights of the West.With the help of Renaissance,religious reform and overseas expansions of the capitalist countries,and especially promoted by the factors of rational reflection of mankind aroused by two world wars,the concepts of human rights,including the theory of universality,have rapidly become the important spirits and guidelines of acts and been highly respected in international community.Nevertheless,there have been a lot of questions and criticism against both the theory and practice of the universality of human rights.Among them,the relativity of culture is especially prominent.With the gradual maturing of anthropology and the rising cultural consciousness of the countries of the third world,theories relevant to culture have become increasingly rich,which makes it feasible and very necessary to interpret human rights with culture.Since it rose and turned to be an important theory against the universality of human rights,the relativity of culture has intensified its confrontation and contradiction with the universality of human rights.It also led to the more complicated conflicts and confrontation of human rights in international community and made human rights be challenged with unprecedented difficulties and resistance.The thesis takes the theory of cultural intercommunity and otherness as its basis,confirms that it is necessary and possible to bridge the contradiction between the universality of human rights and the relativity of culture,which are the results of culture,highlights that enhancing cultural identity,understanding and tolerance in the tendency of cultural convergence and globalization are important ways to bridge their contradictions.The practice of human rights and culture indicates that the theory and practice of the doctrine of cultural relativity needs to take cultural identity as a premise,and effectively bridge and clear up the stretching force in the field of human rights through the path of cross-cultural cooperation,and points out that the theory of limited universality of human rights is a reasonable and appropriate conclusion that conforms to the development tendency of human rights of the world.China should adhere to the principles of universality of human rights and culture relativity,especially from its own traditional culture,and under the guidance of the concept of building a community of human destiny,upholds the unity of opposites of the universality and the relativity of human rights.Highlights the access of the rule of law for realizing human rights and the cross-cultural communication and cooperation of human rights,creatively proposes the development path of human rights in China with the core of the right to survival,the right to development and the right to peace.To develop the road and provide China's experience for global human rights practice.