On The Legal Basis Of Human Rights From The Perspective Of Common Value

There are three demonstration paradigms of human rights,universal value,difference value and common value.Among them,Universal Value Demonstration Paradigm and Differential Value Demonstration Paradigm are the reflective premises of this paper.On this basis,the paradigm of human rights argumentation from the perspective of common values is discussed.The jurisprudence of human rights supported by common values can be divided into concrete jurisprudence,general jurisprudence and core jurisprudence.Specific jurisprudence is embodied in some basic principles of public law and private law.General jurisprudence is further refined on the basis of specific jurisprudence,which is summarized as power-limited jurisprudence and rights-guaranteed jurisprudence.To regard human dignity as the core jurisprudence in the perspective of common values is to regard it as the core jurisprudence of human rights.The three kinds of jurisprudence have their relations: from specific jurisprudence to general jurisprudence,from general jurisprudence to core jurisprudence;Conversely,the core jurisprudence guides the general jurisprudence and the general jurisprudence guides the specific jurisprudence.The three relations are concrete to abstract,i.e.from the bottom to the progressive sublimation,and for inductive relations.And from the abstract to guide the concrete,that is,from the top to guide the deductive relationship of implication.Understanding the three legal principles of human rights from the perspective of common values is helpful to understand and understand the whole legal basis of human rights.