The Problem of Recognition of Human Rights: Does Explicative-Existential Justification Really Work?

This paper analyses Robert Alexy’s explicative-existential justification of human rights. The author identifies several problems that are associated with it. An analysis explicative argument suggests it cannot cope the transition from facts to norms. Notably, this does not explain why its requirements be overruled by some other moral reason (for example, utility principle). answer Alexy offers in his existential is considered sufficient paper. Although complements necessary normative premises, decision preferred only one necessary. It can admitted for many people such a attractive. However, even if we accept credible context, correct apply rights persons and beings. In final part, shows claim theory justify beings who indefensible.