Derechos universales de las comunidades

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Publication date
2021
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25-05-2021
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Abstract
How to develop or at least direct the global discourse towards peace? This is the question that animated the present work carried out within the framework of the doctorate in sustainability and peace in the post-global era with a research line in human rights and globalisation. In a globalised and increasingly interconnected world, on the one hand, there is a rapprochement and encounter between the different cultural, religious and legal traditions of the planet, but at the same time, on the other hand, there is an explosion of widespread violence precisely because of this rapprochement between different "identities". Many scholars speak of a liquid era, others of a clash of civilisations, others of an epochal change. Along this path I tried to understand in depth the complex phenomena that traverse globalised modernity in order to try to identify a possible key to interpret them, a new epistemological place from which to look at the world to come. We will try to offer, not without fear, a possible way forward for homo globalizatus at the juridical-philosophical level, that of the absurd and of generativity. The legal-anthropological-philosophical analysis is therefore developed in five chapters. After a first introductory chapter briefly outlining, as far as possible, the phenomenon of globalisation, we focus on finding an answer to how to develop a true generative dialogue on a global level on the basis of the given situation. We then proceed to a philosophical-legal-anthropological examination of the various instruments already available to us in order to understand to what extent they can be sufficient to establish such a dialogue: international treaties and human rights. The second part of the work focuses on the proposed thesis, that of the need to develop new legal-philosophical languages on a global level, always keeping as a polar star the need for a generative dialogue with and starting from the three challenges posed by globalisation: migration and more generally the relationship with the other, climate change and technological development. Rights, Universality, Community. These are the key words of the last three chapters and perhaps of the modernity in which we live. On the basis of these three terms a new legal-philosophical, iconic and transcendent language is identified, which is added to existing international treaties and human rights: the universal rights of communities. Accordingly, the third, fourth and fifth chapters are devoted to the development and grounding of the theory of these rights under discussion. First, the concept of community will be discussed. Second, a catalogue of universal rights of communities will be proposed by analysing their nature and the legal goods protected by them at the global level. Thirdly, it develops their possible practical application in close relation to existing means and structures and in comparison with the theory of global ethics and global constitutionalism, in order to meet the major challenges of globalisation: large-scale migration, climate change and technological development. With reference to large migrations, the universal rights of communities offer a possibility for religious macro-communities to develop an inner awareness of the otherness that already constitutes the individual and macro-communities. The aim is to develop a generative intercultural dialogue. With reference to climate change, the universal rights of communities propose to consider the planet earth as another living being to be taken care of. A living being that, also in this case, is already part of the conscience of the individual and the community. Technological development offers us the possibility to consider the universal rights of communities as virtual rights. They are rights that offer the possibility of becoming aware of the technological phenomenon as a comunitarianl event that can be restored to the real through the universal rights of communities. The virtuality of the universal rights of communities allows them to enter the virtual in order to return it to the real. The universal rights of communities can constitute a first impulse to become aware of our deepest self, a relational self, and can help the passage, on a global level, from an I am to a we are.
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