人権の射程と限界──ハンナ・アーレントの思想に即して

Abstract

The purpose of this presentation is to reexamine human rights. Human rights are defined as natural rights, but there are many people who are not guaranteed their rights. Because agencies of guarantee of human rights are actual national states, there are people who are partly guaranteed. This situation conflicts the concept of human right itself. But in Hannah Arendt’s thought, human rights are necessary for living as “Existence”, in so far as it is essential for human being. Are International laws adequate for efficient guarantee of human rights? In thinking about Arendt’s concept of “publicity” with International and/or domestic law, this question becomes very critical. People who enter “publicity” are sometime concerned about their freedom, and sometime they forget that interests, drawing from “publicity”. But when their awareness of their own rights increase, their rights come to function as human rights, and as the law of the community. This process means reconstructing human rights, in Arendt’ thought. In this presentation, I will discuss the fundamental problems of human rights theory, taking constitutional problems in account.