Claims and Boundaries[10]: Mode of Human Rights Ch...

Claims and Boundaries [10]: Mode of Human Rights Changes and Development

As mentioned above,human rights need to be defined jointly in such two dimensions as social nature and social relations,so the complete human rights structure naturally includes such two levels of idealistic human rights and actual human rights,the former advancing claims to rights while the later declaring boundaries of rights.Interactions between the two have created the complex historical evolution and current state of human rights and reserve space for its future development.Therefore,these two aspects can also be used to explain the human rights practices and their development at all times and in all over the world.

The idealistic rights of human beings determined by the social nature are reflected as the state of free and comprehensive development of human beings as social beings.[11] Such a state is based on the partial self-sufficiency of human beings in a social community,that is,a human being,as a part of a social community,is theoretically capable of full possession of his nature of partial self-sufficiency,which is the idealistic rights of human beings.The idealistic human rights are concomitant with the social nature of human beings,so the latter,being the sole foundation of the former,is not to be granted by any specific person or organization,and is of course not to be deprived of either.However,in real life,the conversion from the idealistic human rights of a person to the actual can be prevented through restrictions over the conditions for human rights realization.In this sense,the so-called deprivation of human rights in reality is in essence a kind of restriction over conditions,the restriction over the conditions for transforming idealistic rights to actual rights in specific.For example,the punishments on a wrongdoer are in fact the restriction over the necessary conditions for him to achieve the rights to freedom and political rights rather than deprivation.In a way,the social nature of a person won ’t die out with the end of his life and the corresponding part of human rights shall be protected.That is why a human corpse still has the right to dignity and cannot be insulted.Further on,even if a human body dies out,its social nature still exists,which is why after a hundred years,the human reputation right is still inviolable.Therefore,the social nature of human beings will not die out,but can only be deposited in history and forgotten by people.

Just as the human brain has unlimited potentials and can be continuously explored and stimulated under the corresponding specific conditions,idealistic human rights should not be transformed into actual human rights unconditionally.Such a transformation also requires certain conditions,such as the level of social development and that of the selfcognition of human beings.Also because human rights are concomitant with the social nature of human beings,their transformation is corresponding to the realization of the social nature.The deeper the social nature of human beings is demonstrated,the more fully the idealistic rights are liberated.For example,morality is the most important part of human ’s social nature.Therefore,when morality is more present in human social behaviors,the social community may form a harmonious symbiotic ecology,and more idealistic rights can be more transformed into actual rights.[12]

The actual rights of human beings are determined by the existence of social relations,that is,the breadth,depth,quality,level and the like of the actual rights transformed from the idealistic rights are dependent not only on the social development level and the level of human ’s self-cognition,but also on the development status of social relations that are established through social interactions in social economic,political and cultural activities.Consequently,the economy,politics and culture of the society,as well as people ’s way of social communications,way of life,way of thinking and moral level can all become variables that affect social relations.In the meantime,social relations are interpersonal relations and the subject of all social activities is people,so the quality of people themselves and their development status are the decisive factors in the development of the above variables.Based on the interaction between human beings and social communities,the structural level,quality level and rationalization degree of the existing social relations are in the process of constant changes which will restrict the transformation from the idealistic rights of human being to the actual by means of conditions and thresholds that constitute the practical boundaries within which the idealistic human rights can be transformed or the basic framework of the actual human rights.Since the human rights boundaries are formed as result of the interactions between multiple variables and human factors,the idealistic human rights then develop an open restrictive relationship with the actual when the human rights boundaries will constantly adjust with the changes in variables and human factors,either expanding or shrinking.[13]

When it comes to real life,human factors and the interactions between elements within the social community constitute the complex social environment where the social nature of human beings may be distorted or belittled by not only interpersonal relations but also interactions between social environment and people,thus suppressing and infringing upon the idealistic human rights that lead to the shrinkage of the boundaries of the actual human rights.Under this circumstance,the pursuit for full realization of the idealistic human rights by the inherent needs of human beings to realize their social nature will develop into an opposing force against the practical restraints over the actual human rights and attempt to adjust or break the unreasonable actual rights boundaries by correcting or destroying the existing social relations,when rights will manifest themselves explicitly in the form of claims to them and promote the expansion of the boundaries,which is discussed in terms of legitimacy of claims to rights.While from the perspective of the legitimacy of right boundaries,when a person ’s social behaviors fail to meet the essential requirements for his role,or when one party in a community (including individuals and organizations) impractically expands his claims to rights from the selfish standpoint and squeezes the rights of other members,or both of above situations lead to serious social breakdowns,the boundaries will demonstrate the restriction of a community or a social relationship body over the arbitrary extension of rights by means of moral condemnation,contract termination,legal sanction and the like.It ’s thus evident that the claims to human rights are in fact the need for self-realization of the idealistic human rights when restrained by the boundaries of the actual rights in the process of practical transformation,which is not active but passive.In this sense,it can be also said that the shrinking of the human rights boundaries not only reflects the frustration of claims to human rights but also serves as the driver for further claims while the expansion of the human rights boundaries may indicate the realization of claims to human rights or originate from the improper claims to human rights.[14] The realistic situation of human rights is the result of the transformation from the idealistic human rights to the actual in the battle between the claims to such rights and the restrictions by the boundaries.

Besides,the following conditions for the transformation from the idealistic human rights to the actual in comprehending the realistic situation of human rights: on the one hand,when such conditions are not available,claims to rights breaking the boundaries of the actual human rights will be neither recognized nor supported by the public;on the other hand,as the idealistic human rights are inalienable in essence,the deprivation of actual human rights shall be interpreted as destroying or limiting the partial or all conditions of a subject for the transformation of the idealistic human rights to the actual.For example,any damage or nuisance to a person ’s physical or mental conditions,such as assault or even killing that leads to his incapableness of fully realizing his social nature substantially impacts the realization of the human rights of this person.Since every member of the society is a part of the social community,the implementation of such behaviors also destroys the integrity of the social community,which should be regarded as the same denial of the subject ’s own social nature.Correspondingly,his conditions for the transformation from the idealistic human rights to the actual shall also be restricted or deprived of.

From the perspective of historical development of human rights,the boundaries of human rights may remain relatively stable within a certain period,which may be due to the relative stability of people ’s understanding on their own social nature and social relations that lessens the necessity and urgency for claims to the idealistic rights or due to the relatively large flexibility of the boundaries declared by the actual human rights that allows realization of the claims to the idealistic rights to a certain degree,and eliminates the development of great rebelling forces.In this case,the boundaries of human rights are reflected as the fundamental conditions for the existence of the social community and the social relationship body.In ancient Chinese society,for example,the division of roles between the rulers and the ruled covers the provisions for the rights of the corresponding class,which,plus its affiliated rights and obligations,once strictly implemented,will not lead to serious conflicts between the two,even in case of certain oppression of the rulers on the ruled or certain arrogation of the latter to the former.If social relations may put in place a sound design of systems for the role transformation between the two so that the ruled could be entitled to the rights of the rulers through proper channels such as the military reward system and the imperial examination system,or the rulers could be degraded as a punishment for failing the role requirements such as the relegation system,then not only will the original concepts and systems corresponding to role division and rights and obligations will be universally respected,but both the social relationship body and the social community will present a harmonious and stable state,which is also a reason why a relatively dynamically stable feudal society existed for nearly two thousand years in ancient China.The human rights situations of all nations in their periods of prosperity throughout the human history and the phenomenon that the previous social interest distribution pattern was followed and only the rulers were replaced in the case of regime change are all indicators of relatively stable boundaries of human rights.

However,people,as an organic component of the social community or the an integral part of the social relationship body,are always moving towards the direction of realizing their own social nature or role nature and such an inevitability comes from the primal power for survival,just as all lives strive to adapt themselves to the environment (community)to “demonstrate” themselves as the existence of a unique nature.This determines that the idealistic human rights will also move towards selfrealization,thus constantly breaking and revising the set boundaries and transforming themselves into the actual human rights in a deeper and broader manner.Historical peasant uprisings and reformations both at home and abroad are strong manifestations of claims to human rights.After every large-scale historical movement,there will be different levels of social changes whose influences are bound to be reflected on the changes in actual human rights boundaries.

It is then self-explanatory that if human rights are only interpreted as the result of the game between of stakeholders in social relations,with the ignorance of the dimension of social nature,arbitrary standards for human rights may occur so that there is a lack of reliable value basis and target in the movement of human rights claim,losing people in the technical contest of deception and for frame and fortune.