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In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals...
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ژورنال
عنوان ژورنال: Novos Estudos Jurídicos
سال: 2019
ISSN: 2175-0491,1413-2117
DOI: 10.14210/nej.v24n3.p721-735