Jun H (2026)
Publication Type: Book chapter / Article in edited volumes
Publication year: 2026
Publisher: Springer Science and Business Media B.V.
Series: Law and Philosophy Library
Book Volume: 153
Pages Range: 283-304
DOI: 10.1007/978-3-032-22525-2_13
This chapter examines how universal human rights can be justified in the context of deep cultural and normative diversity. It argues that such justification is achievable through communicative principles that promote mutual recognition and inclusive dialogue. Drawing on the concepts of incommensurability and interlegality, the chapter contends that while cultural values may resist direct comparison, they nonetheless allow for interpretive overlap and creative engagement. Incommensurability challenges the assumptions of strict universalism but leaves open the possibility of mutual understanding. Interlegality, by highlighting the interplay of overlapping legal systems, shows that human rights norms evolve not through imposition but via context-sensitive negotiation across legal and cultural boundaries. The chapter further develops this argument through Habermas’s distinction between morality and ethics, emphasizing that universal norms gain legitimacy when embedded in local practices and institutions. By integrating these perspectives, the chapter offers a model of justification for human rights that is both normatively grounded and responsive to pluralism. It ultimately proposes that sustained intercultural dialogue, supported by institutional pluralism and mutual respect, provides a robust foundation for advancing universal human rights in a pluralistic world.
APA:
Jun, H. (2026). Incommensurability and Interlegality: Communicative Foundations of Universal Human Rights. In (pp. 283-304). Springer Science and Business Media B.V..
MLA:
Jun, Hyungjoon. "Incommensurability and Interlegality: Communicative Foundations of Universal Human Rights." Springer Science and Business Media B.V., 2026. 283-304.
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