Research On Raz's Functional Human Rights View

Theorists who support natural human rights believe that human rights are inherent in the nature of human beings.They insist on the permanence of human rights and argue that the legitimate basis of human rights is an integral part of the concept of human rights.However,theorists who support commercial human rights pay attention to the interpersonal agreement.They regard the common understanding agreement as the foundation of the legitimacy and universality of human rights.After the outbreak of the second World War,theorists who support functional human rights find that the human rights inherent in the nature of human beings don't protect the human rights of the affected populations in the international community.They shift the center of human rights argument from human identity to basic political function in international practice.Joseph Raz is the representative of the functional view of human rights,arguing that human rights are individual rights that limit sovereignty.He puts forward two tasks of human rights theory:to confirm what rights are human rights and to recognize the moral criterion of the right to be a human right.Raz presupposes a situation in which individual interests need to be protected by moral rights,and the state is the main obligatory subject to realize moral rights.A moral right becomes a human right when a state fails to fulfil its obligations,other states and even the international community can intervene,and that state cannot justify sovereign immunity.The moral criterion of the right to be a human right lies in the interference of the sovereignty of a state with the ability to obtain a moral support force.Raz advocates that human rights are synchronic,that they limit national sovereignty,and that they are guaranteed mandatory guarantees by international authorities.Raz's theory of human rights provides a theoretical basis for the proper intervention of the international community.Raz criticizes the theory of natural human rights away from human rights practice,or even has nothing to do with human rights practice.Raz points out that there are three aspects of the human rights theory of Alan Gewirth:He misunderstands the relationship between value and rights.In other words,he misunderstands the difference between the value of the person and the person has the right to have a valuable thing;he misinterprets the limits of the concept of the right,that is,the right cannot protect all the necessary conditions required for human action;his theory of human rights cannot justify the practice of the human rights.Raz argues that James Griffin's human rights content lacks minimum standards for the determination of human resources,making the scope of human rights too broad and prone to excess rights.At the same time,Raz thinks Griffin's theory of human rights is uncertain.Human beings can only fight against rights that infringe on their subjective initiative,not against other arbitrary rights.Raz does not deny the possibility of exploring the existence of human rights from some of the characteristics of human beings,but he notes that natural human rights theory cannot demonstrate what rights are human rights.Scholars with different functional human rights have some differences in their theories because of their different understanding of the goal of human rights practice.Raz agrees with the function of the human rights restriction sovereignty advocated by Iohn Rawls,and further puts forward the limits of the human rights limitation of sovereignty;however,the human rights function of Raz's compulsory intervention is relatively single,making the list of human rights too weak;Raz also denies the Rawls'human rights view.Jeremy Waldron makes some criticism of Rawls/Raz's theories of human rights:He believes that in addition to the violation of individual rights in a country,it is possible to cause external legitimate interference due to geopolitical factors;He argues that human rights are the elimination of individual rights,that is,the violation of rights rather than individual rights(which consists of hundreds or thousands of individual rights)is regarded as a series of human rights violations,which is a prerequisite for the intervention of the international community;He argues that there is continuity between human rights and constitutional rights,which can be protected through domestic legislation.Raz responds to Waldron's critical view:Raz supports Waldron's rationale for intervention in geopolitical factors;Raz reiterates the criteria for the limits of state authority and thus responds to Waldron's threshold of human rights limitations on sovereignty;Raz claims that human rights must be subject to the mandatory protection of the law.David Miller evaluated Raz's theory of human rights:Miller recognizes Raz's denial of universal view of human rights;He criticizes Raz's enforceable human rights theory that human rights are an important moral claim and that all governments have an obligation to respect this right,regardless of whether it will be enforced by institutions;At the same time,he combines the core elements of the two mainstream human rights theories,combines the basic needs of human beings with the functions of human rights,and puts forward the bottom line of human rights based on the basic needs of human beings.Raz's theory of human rights lacks attention to the philosophical basis of human rights,which limits the scope of protecting human rights.Raz believes that many of the rights contained in the Universal Declaration of Human Rights and other important human rights documents are not human rights,as violations of these rights cannot be of concern to the international community.If all human rights inherent in human beings do not belong to human rights,does the term 'human rights' make sense?Some foreign human rights scholars have revised the theory of functional human rights,they believe that on the one hand,we should attach importance to human rights with the function of international intervention;on the other hand,we should not deny that human rights are the basic rights of human beings.In addition to the proper attention given by the international community,countries should adopt legislation to translate the rights contained in international human rights documents into their own constitutional rights,and give constitutional protection to a country.Domestic scholars oppose Raz's functional theory of restricting sovereignty by human rights.They believe that human rights still belong to the internal affairs of a country and insist that sovereignty is higher than human rights.Raz's theory of human rights can only provide a basis for solving some extreme cases,and his theory of human rights has some limitations.