中文摘要：

人权是否具有普遍性和具有什么样的普遍性是一个被持续激烈争论的问题。法律实证主义依据现实人权法律的存在对人权普遍性作出了辩护,当代哲学从人所具有的特性来论证人权普遍性的基础,人类学从文化相对主义出发挑战人权的普遍主义,社会学和政治学从建构主义出发批判人权普遍性的绝对性。对人权的普遍性和特殊性应当辩证和历史地加以理解。人们对人权价值的接受具有一定的普遍性,而对人权的实现方式却有明显的差异。人权价值的普遍性是主体间的重叠共识,它是交往全球化的产物,并会随着全球化进程而更加广泛和更加丰富。人权实现方式的特殊性不是任意性,而是相对于一定的文化、历史和现实条件。

英文摘要：

The issue of the universality of human rights has been hotly debated for quite long time. The defense of universality of human rights made by legal positivism is based on the existence of human rights laws, and the defense made by contemporary philosophies is from the characteristics of human being. However, anthropologists challenge the universalism of human rights from the view of cultural relativism, and the scholars of sociology and political science refuse the absoluteness of universality of human rights from the view of constructivism. The universality and particularity of human rights should be understood dialectically and historically. The acceptance of the value of human rights has a kind of universality, but the ways of realization of human rights are obviously different. The universality of human rights value is the overlapping consensus among subjects, which is the product of interaction of globalization, and will be more extensive and more abundant with the process of globalization. The realization of human rights in a particular way is not arbitrary, but relative to a certain cultural, historical and realistic conditions.