نوع مقاله : مقاله پژوهشی
1 دانشگاه شهید بهشتی
2 استاد گروه حقوق عمومی دانشکده حقوق دانشگاه شهید بهشتی
عنوان مقاله [English]
One of the readings of virtue ethics is eudaimonist virtue ethics. Explaining the human flourishing features and emphasizing the necessity of self-direction, Rasmussen and Den Uyl state that the approach of Aristotelian virtue ethics may be considered as a foundation for individual rights and, then, as the main basis for a liberal neutral minimal state. They consider individual rights as a meta-normative principle, because it is associated with the creation and justification of a political-legal ground that has been ensured and provided the possibility of pursuit of human flourishing. To criticize this view, it should be stated that it has a consequentialist approach despite this theory emphasizes presenting a virtue ethics-based theory of the rights with a neo-Aristotelian approach and it is not sufficiently based on the Aristotelian view. Rasmussen and Den Uyl try to introduce human flourishing as a determinant factor for justifying individual rights, but, they don’t introduce any virtue as a basis and source of Human Rights.