ancilla iuris

Self-Determination and Social Order

In this essay I will try to demonstrate that the principle of self‐determination is based on a formal and individualistic view of liberty rights. I also propose a different perspective that takes into account the relationships rather than the individual. I will show how this result can only be achieved through a different ascription of rights to individuals: in particular, I will try to demonstrate 1) that any social practices express specific values, 2) that these values are the result of historical and cultural circumstances, 3) that they are subject to an ongoing public debate, and finally 4) that only if the individual praxis is consistent with these values can it lead to recognition of rights.

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Published 07.12.2012
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