Liberalism, Justice, and Human Rights: Core Concepts

Contemporary Liberalism and Theories of Justice

All liberal theories of justice maintain that it is necessary to uphold pluralism in society, both philosophical and religious.

Propertarian Liberalism

Propertarian liberalism argues that a just society should not allow individuals to be deprived of what they legitimately own. Robert Nozick, in Anarchy, State, and Utopia, builds upon the idea of natural rights, recognizing the right to property.

Social Liberalism

Social liberalism posits that a just society treats its members with equal respect and consideration. John Rawls's Theory of Justice exemplifies this view.

Mixed Theory: Complex Equality

Michael Walzer, in Spheres of Justice, argues that justice involves a commitment to equality, meaning the elimination of unjust domination. Complex equality, according to Walzer, is twofold:

• Distributing different social goods through alternative approaches.
• Preventing any one good from becoming dominant.

Discourse Ethics

Developed by Apel and Habermas, discourse ethics emphasizes the ethical principle of reciprocal recognition of all speakers as persons. It proposes a procedure for establishing valid norms.

The Concept of Law

Definition and Types of Law

Law is a system of public rules governing relations between individuals, backed by the coercive power of political institutions.

Natural Law

Natural law comprises a set of principles superior and prior to specific state legislations. It serves as a criterion for judging the justice of particular legal systems.

Positive Law

Positive law is the set of laws specific to each country.

Legal Positivism vs. Iusnaturalism

Legal positivism rejects natural law, asserting that only positive law exists. Iusnaturalism insists that legal norms must comply with certain requirements of justice, namely the principles of natural justice.

Human Rights

Human rights are those rights that belong to human beings by virtue of their humanity.

• 1st Generation: Individual freedoms and rights to political participation, as claimed by liberal revolutionaries.
• 2nd Generation: Social, economic, and cultural rights.
• 3rd Generation: Very basic rights that have emerged in recent years.

The State

The State is a set of institutions that address social needs to ensure the common good. This is understood as the realization of justice, implying that the State must strive for the promotion of human rights under the rule of law, democratic values, peace, and defense.