David Gall's Before and after postmodernism: Rabindranath tagore and Art PDF

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41 While there is as yet no catalogue Hierarchies of Rights Claims 35 of fundamental human rights, these peremptory norms are sometimes regarded as the best resource for creating a hierarchy of criteria – and in some cases positive laws – that will serve to settle rights conflicts. As with the nature of a “fundamental” human right, however, no firm consensus exists concerning which norms constitute jus cogens. A small number of norms appear repeatedly in states’ legislation, suggesting that they are closest to achieving peremptory status.

41 While there is as yet no catalogue Hierarchies of Rights Claims 35 of fundamental human rights, these peremptory norms are sometimes regarded as the best resource for creating a hierarchy of criteria – and in some cases positive laws – that will serve to settle rights conflicts. As with the nature of a “fundamental” human right, however, no firm consensus exists concerning which norms constitute jus cogens. A small number of norms appear repeatedly in states’ legislation, suggesting that they are closest to achieving peremptory status.

This is certainly the case in conflicts between religious rights and women’s rights. Human rights and religions have compelling similarities and fundamental differences. The most important similarity is their shared source of moral power: an emphasis on the transcendent and a grounding in what is ultimate. The very concept of human rights has spiritual overtones. One Muslim writer points to the “declaratory character” of rights claims as they are enshrined in authoritative texts and commanded to be honored as promises by those choosing to adhere to the rights concept.

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Before and after postmodernism: Rabindranath tagore and Art education in Santiniketan by David Gall


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