Abstract

Ontological dualism of human rights, their ideal and real aspect, is what makes them paradoxical. Having this dual nature, do human rights serve to "moralize" or "civilize" people? Analyzing the basic concepts of Kant's philosophy of public law and history, the author concludes that the term "moral rights" is contradictory , that one cannot talk about them in both senses simultaneously and avoid the paradox. If we regard them as juridical law, human rights play a constitutive role in the legislation of a particular country and what analytically follows is the law as coercion. However, if we understand them as moral laws, they will not be regarded as coercion and their function will be strictly regulative.