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Article Discourse Theory and Human Rights
Authors Alexy R.
Name of magazine Legal journal «Law of Ukraine» (English version)
Issue 4 / 2013
Pages 83 - 104
Annotation The author defends the liberal conception of human rights, based on the idea of universality and autonomy. The main thesis of the article is that human rights can be justified by discursive theory. The argument has two steps. Step one is the justification of the rules of discourse. The second step consists in the foundation of human rights, which includes the argument of autonomy, the argument of consensus and the argument of democracy. The author notes that the idea of discourse can only be realized in a democratic state in which fundamental human rights and democracy are inextricably linked.
Keywords human rights, rule of discourse, universality, autonomy, liberal ideas.
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