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柳在馨 청주대학교 국제협력연구원 2007 國際文化硏究 Vol.25 No.-
Human rights are those liberties, immunities, and benefits which, by accepted contemporary values, all human beings should be able to claim "as of right" of the society in which they live. Since World War II, human rights have achieved universal recognition and have become a major concern of international relations and a growing domain of international law. In national constitutions, and by international instruments of varying political and legal significance, virtually all States have embraced the idea of human rights and have indicated general agreement as to their content. By international agreement and partly by customary international law, a growing international law of human rights creates obligations upon States to recognize, respect and ensure designated rights of persons subject to their jurisdiction and provides international remedies for failure by a State to meet these obligations. This dissertation is to research about concept composition of international standard of human right. Namely, it intends to examine the property and function of international standard of human right by historically searching the concept of international standard of human right from the basic course of World Human Right Declaration to define and classify on the basis of actual example. Examining these issues in the text, the following conclusion was drawn. 1. Meaning the common standard that should be attained as specified in the preamble of World Human Right Declaration, 'international standard of human right] is the acknowledged standard without legal binding force in its form. Thus, it may include declaration, recommendation or right of human right treaty as the resolution of general meeting of UN. 2. The characteristics of international standard of human right are mutual dependence, inseparability and universality, which mean that all standards of human right have mutually important meaning and universal quality. 3. The function of international standard of human right varies, depending on 1) general or special human right declaration (to be executed as treaty) 2) Model Law 3) Collective right 4) general and comprehensive document such as world declaration and behavior plan 5) human right treaty adopted by UN. However, the essential common feature of the function is to protect and promote the basic right of natural person, i.e., Human Beings, transcending border line.
黃富峰 청주대학교 국제협력연구원 2005 國際文化硏究 Vol.23 No.-
道德直觉是一种包含道德认识、道德情感和道德意志综合因素在內的、省略了逻辑形式而迅速直接地把握道德对象及其本质的思维活动。具有整体性、非逻辑性、瞬间决定性等特点。道德心理图式与外在道德刺激信息的统一、道德情感和道德意志的统一、道德体验和意识因素的统一是其构成要素。根据不同的标准, 可以把道德直觉分为內向型与外向型、习惯型与创新型, 反应型与反思型等不同种类。道德直觉无论在人们日常道德生活, 还是在解决道德重大问题时都有重大作用。 Moral intuition includes moral cognition, feeling and will, it leaves out the logic form but grasps the moral object and its essence instantly. It has the features of entirety, illogic and instant-decision. The unity of moral psychological pattern and experience and consciousness make up moral intuition. According to different standards, moral intuitive thinking can be typed introversion and extroversion, habit and innovation, reaction and response. Moral intuition plays a key role not only in man's daily moral life, but also in the important moral problems.