Ljudska prava u Antigoninom skripcu

In: Politička misao, Band 34, Heft 1, S. 130-153

Abstract

The author analyses the pre-political and political genesis of human rights, followed by the later process of positivization of human rights. The subject of the author's analysis are, on the one hand, contractual theories by Locke, Hobbes, Kant, and their critique by Hegel, and on the other, the genesis of human rights after the Declaration on the Rights of Men and Citizens. In the end, on the basis of Rawls' postulates, the author describes the state of human rights in democratic pluralist civil states and contemporary constitutional states governed by law, which have been trying to restrict democracy by means of either new contractual theories or by insisting on an autonomous and active constitutional judiciary. (SOI : PM: S. 153)