Thesis utm library

From the above example it should be clear that human rights cannot be reduced to, or exclusively identified with legal rights. The legal positivist's account of justified law excludes the possibility of condemning such systems as apartheid from a rights perspective. It might, therefore, appear tempting to draw the conclusion that human rights are best identified as moral rights. After all, the existence of the UDHR and various International Covenants, to which South Africa was not a signatory in most cases, provided opponents of apartheid with a powerful moral argument. Apartheid was founded upon the denial of fundamental human rights. Human rights certainly share an essential quality of moral rights, namely, that their valid existence is not deemed to be conditional upon their being legally recognized. Human rights are meant to apply to all human beings everywhere, regardless of whether they have received legal recognition by all countries everywhere. Clearly, there remain numerous countries that wholly or partially exclude formal legal recognition to fundamental human rights. Supporters of human rights in these countries insist that the rights remain valid regardless, as fundamental moral rights. The universality of human rights positively entails such claims. The universality of human rights as moral rights clearly lends greater moral force to human rights. However, for their part, legal rights are not subject to disputes as to their existence and validity in quite the way moral rights are. It would be a mistake to exclusively identify human rights with moral rights. Human rights are better thought of as both moral rights and legal rights. Human rights originate as moral rights and their legitimacy is necessarily dependent upon the legitimacy of the concept of moral rights. A principal aim of advocates of human rights is for these rights to receive universal legal recognition. This was, after all, a fundamental goal of the opponents of apartheid. Human rights are best thought of, therefore, as being both moral and legal rights. The legitimacy claims of human rights are tied to their status as moral rights. The practical efficacy of human rights is, however, largely dependent upon their developing into legal rights. In those cases where specific human rights do not enjoy legal recognition, such as in the example of apartheid above, moral rights must be prioritised with the intention that defending the moral claims of such rights as a necessary prerequisite for the eventual legal recognition of the rights in question.

In each of Gettier’s original cases, there is a true proposition unbeknownst to Smith such that were that proposition added to the rest of Smith’s evidence, Smith would no longer be justified in believing the Gettiered belief. Call such a proposition a defeater . In Case I, the defeater is the true proposition that Nelson will not get the job [~ N ]. If ~ N were added to Smith’s evidence, Smith would not be justified in believing that the person who will get the job has ten coins in her pocket, for she would no longer have any idea who will get the job. In Case II, the defeater is the true proposition that Jones does not own a Ford [~ J ]. Since Smith has no knowledge as to Brown’s whereabouts, if ~ J were added to Smith’s evidence, she would no longer be justified in believing that J or B . Notice, however, that in the case of Café (where Smith is with Brown in Barcelona), the true proposition ~ J is not a defeater, because adding ~ J to Smith’s evidence in Café would not prevent Smith from being justified in believing that J or B . Smith would still be justified in believing J or B on the basis of her justified true belief that B .

I think that's true for everyone--we are, after all, the ones hearing the text in our heads when we read and think about it.
It seems that the Common Core is trying to balance out the preponderance of text-to-self connections with "Hey, Look! There's a Text! And an Author! And Skill used by the Author! Let's take a look at what that is!"—because, truly, kids don't need a teacher to help them identify text-to-self connections—most of them are pretty clear on what they're thinking. They DO, however, need teachers to help them with the harder stuff.

Thesis utm library

thesis utm library


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