Rethinking: Philosophial foundation of human right

Open Access

Abstract

Human rights are grand political philosophy of the modern times which have transcended national boundaries to become aspiration of humankind. Centred upon moral belief propelled on metaphysical moral assumption with its origin in Christianity pity and Enlightment discourse, however, human rights have become a sort of moral imperialism of our time which exclude and include humanity on the basis of coloniality of power. The combination of emotional/moral appeal and lack of conceptual clarity makes human rights immensely effective as a rhetorical tool and serve as a moral apparatus for humanitarian intervention into the third world countries. Both, the just war tradition and those who theorize the ethics of the law of armed conflict have taken moral and political reality of human rights seriously. Taking anti-foundational approach by challenging its main elements such as 'universality' and 'morality' this paper would argue that moral premises of human rights is flawed.