Is it necessary to move into a new civilizational and human rights paradigm?
Derechos Humanos, crisis ecológica, crisis humanitaria, paradigma civilizatorio, sistema-mundo capitalista
This paper explores the dynamics and the logic underlying the modern civilizational paradigm through the systemic analysis proposed by Wallerstein and how it shapes the Law. We argue that capitalism and the production and reproduction of human life and the Earth-System are incompatible, since the former requires the destruction of the latter. In this context, we wonder if, basing on the logic of capital, which also shapes human rights, it is possible to imagine a truly radical solution to the problem of the ecological and humanitarian crisis. The main goal here would be that we, as researchers and defenders of human rights, begin to rethink the hegemonic theories of law and to formulate creative praxis against the challenges posed by the capitalist system.Received: 04 August 2019Accepted: 30 October 2019Published online: 20 December 2019
http://djhr.revistas.deusto.es/article/view/1708
Comparative law. International uniform law, Jurisprudence. Philosophy and theory of law