<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>In this article, I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method, and Reinach’s <italic>a priori</italic> law in order to offer a new grounding to human rights. Combining Husserl and Reinach’s ideas, I propose to expand the comprehension of <italic>a priori.</italic> It would be present as <italic>eidos</italic> of each object, and I name it as material <italic>a priori;</italic> it also be present in the <italic>eidetic relations</italic> and I name it as formal <italic>a priori.</italic> Yet the object would have an essence, a necessary content, a material <italic>a priori,</italic> and necessary states of affairs, necessary relations and connections, a formal <italic>a priori.</italic> Reinach, in <italic>The A priori Foundations of the Civil Law,</italic> describes eidetic relations, such as the relation between promise, claim, and obligation. I propose three eidetic universalities to ground law; these are what I will call human rights. I also face a few difficulties presented by DuBois and De Vecchi derived from the amoral approach of <italic>a priori</italic> laws. Then, I highlight the difference between this proposition and Albert’s. Finally, I defend the proposition that <italic>a priori</italic> laws are beyond natural and positive laws.</p>
</abstract>

In this article, I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method, and Reinach’s a priori law in order to offer a new grounding to human rights. Combining Husserl and Reinach’s ideas, I propose to expand the comprehension of a priori. It would be present as eidos of each object, and I name it as material a priori; it also be present in the eidetic relations and I name it as formal a priori. Yet the object would have an essence, a necessary content, a material a priori, and necessary states of affairs, necessary relations and connections, a formal a priori. Reinach, in The A priori Foundations of the Civil Law, describes eidetic relations, such as the relation between promise, claim, and obligation. I propose three eidetic universalities to ground law; these are what I will call human rights. I also face a few difficulties presented by DuBois and De Vecchi derived from the amoral approach of a priori laws. Then, I highlight the difference between this proposition and Albert’s. Finally, I defend the proposition that a priori laws are beyond natural and positive laws.

Phenomenology and Human Rights

Phainomenon

This work is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License.

{"article-title":"Phenomenology and Human Rights"}

In this article, I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate...

Phenomenology and Human Rights

Publié en ligne: 11 juin 2023

Pages: 47 - 72

Reçu: 05 déc. 2022

Accepté: 30 mars 2023

DOI: https://doi.org/10.2478/phainomenon-2023-0004

Mots clés
Husserl, Reinach, Phenomenology, Human Rights, Universal Rights

© 2023 Nathalie Barbosa de la Cadena, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License.

Phenomenology and Human Rights

Publié en ligne: 11 juin 2023

Pages: 47 - 72

Reçu: 05 déc. 2022

Accepté: 30 mars 2023

DOI: https://doi.org/10.2478/phainomenon-2023-0004

Mots clésHusserl, Reinach, Phenomenology, Human Rights, Universal Rights

© 2023 Nathalie Barbosa de la Cadena, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial 4.0 International License.

Mots clés
Husserl, Reinach, Phenomenology, Human Rights, Universal Rights