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On Mill's Eclecticist Human Rights View

Posted on:2019-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:X C ZhuFull Text:PDF
GTID:2416330545494266Subject:Legal theory
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John Mill is the dazzling liberal thinker of the nineteenth century.As a successor to the Bentham utilitarian school,Mill's thinking is based on utilitarianism,and its principle of freedom is still important to the politics of all nations of the world today Impact.Mill's thinking involves politics,economy and all aspects of society.The focus of this article is to study Mill's human rights concept.Based on classical liberalism and utilitarianism,Mill's outlook on human rights reconciles the natural rights of classical liberalism with the utilitarian pure egoism,amends the absolute individual rights in classical liberalism and the negative human rights perspective of the state,Adding altruism to utilitarianism and forming a human rights thought that balances both individual rights and public authority.It is eclectic.Under this eclecticism,Mill's concept of human rights is utilitarian,conservative and inclusive.At the same time,it has ambiguity in the demonstration of human rights,does not clearly explain the moral proof methods,and does not have an explicit analysis of the concept of "harm" in the principle of human rights realization.In addition to the introduction and conclusion,this paper consists of four parts.The first part of the article discusses the ideological foundation of Mill's human rights concept and makes clear that Mill's concept of human rights comes from the theory of natural rights and the individualism derived from the theory of natural rights.Both of them constitute the concept of human rights of classical liberalism.After that,Mill criticized the theory of natural rights with the utilitarian view of human rights,and put forward the utilitarian human rights concept with Bentham's concept of human rights as the main body.The second part of the article is the core of this article,which explores the formation path of Mill's human rights concept.Mill's utilitarianism is largely influenced by Bentham,but Mill criticizes and revises Bentham's utilitarianism,replacing Bentham's hedonism with happiness,and considering Bentham's personal happiness as The only moral principle put forward the opposite opinion,arguing that human nature is not completely selfish,that virtue lies in self-denial or sacrifice,and that it has amended Bentham's moral principles.At the same time,Mill absorbed the view of human rights in classical liberalism and,on that basis,refined the meaning of freedom and increased the importance of the role of state.In the end,Mill fused the two and formed his unique view of human rights.The third part of the article explores Mill's human rights concept and its realization principle.The specific content of Mill's human rights concept includes the freedom to express thoughts and opinions and the right to develop freely.On the basis of Bentham's "human rights" law,Mill proposes that the maintenance of rights is actually the maintenance of justice.Mill's conception of human rights has a neutrality.He advocates that human rights should include both legal rights and moral rights,and that injuring moral rights is not just.Mill believes there should be a clear boundary between public authority and individual rights,that is,people can interfere with the freedom of others only for legitimate defense purposes.The fourth part of the article summarizes and reflects on the uniqueness of Mill's human rights.Although Mill revised the utilitarian view of human rights,his protection of human rights is still a utilitarian and conservative expression of freedom,which determines the inclusiveness of Mill's human rights concept to various thoughts.In the process of connecting and integrating the two,Mill's expression is undoubtedly difficult and ambiguous.The concrete manifestation is that Mill's method of proving moral standards is not clear,nor does he express the concept of "hurt" in the principle of harm Clear.Mill reconciles the classical liberalism and utilitarianism,adds the moral element to the utilitarian human rights viewpoint,discusses the freedom from the utilitarian point of view,and puts forward clearly the boundary of the liberal human rights viewpoint.His unique concept of human rights undoubtedly enriched future generations of human rights ideology and provided valuable inspiration.
Keywords/Search Tags:Mill, classical liberalism, utilitarianism, human rights perspective, compromise
PDF Full Text Request
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