The Comment On Habermas' View About International Human Rights

This thesis mainly makes a discussion & analysis and some further thinking on the basis of the thought on international human rights of Habermas'. Starting with the theory of intercourse behavior of Habermas', it puts forward, through extensive discussion, to establish the "taking-part-in" human rights under the different cultural backgrounds. Habermas' concept of ideal, that the nation-state would gradually disappear and the legalized human rights would play a dominant role in the future "World Civil Society" under the background of globalization, has a major influence on the modern society and gives rise to extensive debate.This thesis firstly puts forward the theoretical basis of Habermas' views on international human rights: the theory of intercourse behavior. After that, the major opinion of it is introduced. Habermas comes up with the thought of equal communication with regard to the cultural exchange, creates the given cultural context for his views of the human rights, and further on takes the cross-cultural discussion of the human rights as the research model, claims to come to the common understanding through speech argumentation, accordingly to build the "taking-part-in" human rights in the common development. The third chapter talks over the main characteristics of the view on human rights: the priority of the legal human rights. The human rights have two kinds of property: morality and legality. Emphasizing the priorty of legal human rights is:to regulate the natural state of the relationship among countries by the human rights; to ensure the transition of the international order to the order of the world civil society by them; to set the principles and standards of international proper interference by them. The fourth chapter analyzes the practice of the views on human rights: the world civil society. Habermas thinks, under the impact of the globalization, that the nation-state would gradually disappear and proposes to protect widely the human rights by building the world civil society, but that the human rights themselves is the footstone of the foundation of the world civil society. The fifth chapter makes some comments on the Habermas' view on international human rights: the thought on human rights of Habermas' embodies his unique pondering under the background of the globalization and also has its certain rationality, but when it comes to the explanation of the current practical issues, it will take no effect and appear to be too ideal.