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The Context And Jurisprudence Of The Concept Of "Rights"

Posted on:2019-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z W XuFull Text:PDF
GTID:2416330548482136Subject:Science of Law
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"Rights" is a cornerstone concept in jurisprudence and is often used by legal professors in various fields with different meanings.The rise of rights symbolizes the awakening of civic awareness and is a sign of the progress of the society.However,for the moment,there are also various tendencies of generalized use and abuse of rights.For example,some people deliberately "pack" certain things as rights.Have vested interests and declare them as their own established "rights." In addition,with the changes of society and the advancement of science and technology,there has also been a wave of"creation of rights" movements in the society.Some emerging rights claims have surfaced constantly,challenging the traditional perceptions of rights and conceptual forms.In the modern legal context,the conceptual lineage and discourse system of rights urgently need to be cleared.To be precise,the word "right" originated in the West.In various current Chinese legal translations,people usually regard the "right" in Western context as their corresponding concept.Therefore,to clarify the core connotation and original meaning of rights,it is necessary to thoroughly study the origin and flow of the word "right" in the West.In particular,it is necessary to reflect the contemporary Western rights concept from the perspective of semantics and jurisprudence,in order to depict the true concept of rights.This article shows its creation,evolution and the elements of modernity behind it.The jurisprudence of the "source" and "change" of the word "right" in the context of Western language indicates that the "right" is not only objective but also subjective,both historical and developmental,certainty and diversity.In a specific historical section and social soil,the verification of the concept of rights needs to examine the types of legitimate interests it protects,as well as the social legitimacy and rationality derived from it,and the feasibility of its protection measures.It is in the dynamic development that the concept of right and cognitive methods of diversified correspondences have provided valuable empirical rationality and knowledge for the current "emerging rights".
Keywords/Search Tags:Concept of Right, Jurisprudence, Historical Meaning
PDF Full Text Request
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