The key difficulties in human rights theory and practice are as follows:on the one hand,the multiple human rights concepts of fait accompli are bound to conflict,but it is necessary to resort to some identity of human...The key difficulties in human rights theory and practice are as follows:on the one hand,the multiple human rights concepts of fait accompli are bound to conflict,but it is necessary to resort to some identity of human rights concepts in the real political life;on the other hand,the thought of human rights proof with moral judgment at the core cannot provide such identity,and people have no agreement on the premise and result of moral proof.The way out of the dilemma lies in returning to the starting point and the emotional function of human rights.The human rights narrative thinking with emotional appreciation at the core is helpful to enhance the understanding and tolerance among multiple human rights concepts and to dispel the universality versus relativity of human rights.Therefore,the transformation of thinking from proof to narration,which bases the concept of human rights on intercession rather than reasoning,provides resilient reconciliation for the conflict of human rights concepts.展开更多
基金sponsored by the Youth Project of Ministry of Education“An Empirical Study on the Influence of Judges’Cognitive Styles on Trial”(Project Approval Number:2017YJC820009)Chongqing Education Commission Base Project“Research on China’s Voice,China’s Meaning and China’s Contributions to the Common Value of Mankind”(Project Approval Number:22SKJD015)。
文摘The key difficulties in human rights theory and practice are as follows:on the one hand,the multiple human rights concepts of fait accompli are bound to conflict,but it is necessary to resort to some identity of human rights concepts in the real political life;on the other hand,the thought of human rights proof with moral judgment at the core cannot provide such identity,and people have no agreement on the premise and result of moral proof.The way out of the dilemma lies in returning to the starting point and the emotional function of human rights.The human rights narrative thinking with emotional appreciation at the core is helpful to enhance the understanding and tolerance among multiple human rights concepts and to dispel the universality versus relativity of human rights.Therefore,the transformation of thinking from proof to narration,which bases the concept of human rights on intercession rather than reasoning,provides resilient reconciliation for the conflict of human rights concepts.