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103 | Mond.Idéalisation
James Wellstead | Universal Human Rights
particularities, we are empowered to take these principles to a greater source
of sovereign authority to ensure them for all humans. Held suggests that:
legal principles are adopted which delimit the form and scope of
individual and collective action within the organizations and
associations of state, economy and civil society. Certain standards
are specified for the treatment of all, which no political regime or
association can legitimately violate. 28
So, after deriving these universally valid moral foundations through a
rational comparison of the discursive tests of different ontological systems –
rationalizing through the consequences of each discourse – we should apply
and uphold these rights within a culturally impartial system of justice. Moving
toward justice systems at the level of the United Nations allows all people to
enjoy citizenship from the local to the global, providing a fuller protective
29
sphere under these universal rights.
With these moral conceptions of universal rights in tow, we now
bring the realities of globalization back into the debate. Analyzing the abilities
of these theories to engage the trends produced in an increasingly integrated
global order will provide an understanding of the challenges associated with
applying moral rights through their respective enforcement mechanisms in
order to protect these rights within a contemporary realm.
28 Held, David. Democracy and the Global Order: From the Modern State to Cosmopolitan Governance.
Stanford, CA: Stanford University Press, 1995a. p. 271.
29 Ibid. 272.