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The philosophy of human rights attempts to examine the underlying basis of the concept of and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.
One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds. Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with ). Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of ). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in ) – a social contract.
The two theories that dominate contemporary human rights discussion are the interest theory and the will theory. Interest theory argues that the principal function of human rights is to protect and promote certain essential human interests, while will theory attempts to establish the validity of human rights based on the unique human capacity for freedom. Main articles: and Natural law theories base human rights on a 'natural' moral, religious or even biological order that is independent of transitory human laws or traditions. And his philosophic heirs, and, posited the existence of or natural right (δίκαιον φυσικόν dikaion physikon; ius naturale).
Of these, Aristotle is often said to be the father of natural law, although evidence for this is due largely to the interpretations of his work. The development of this tradition of natural justice into one of natural law is usually attributed to the. Some of the early sought to incorporate the until then concept of natural law into. Natural law theories have featured greatly in the of, and. In the 16th century, asked by the Spanish monarchs to investigate the legitimacy of claims to land dominion by the indios of Latin America, Francisco de Vitoria expounded a theory of natural rights, especially in his famous Relectio de Indis.
In the 17th century founded a of beginning from the principle that man in the state of nature, which is to say without a 'commonwealth' (a state) is in a state of constant war one with the other and thus in fear of his life and possessions (there being no property nor right without a sovereign to define it). Hobbes asserted natural law as how a rational human, seeking to survive and prosper, would act; the first principle of natural law being to seek peace, in which is self-preservation. Natural law (which Hobbes accepted was a misnomer, there being no law without a commonwealth) was discovered by considering humankind's natural interests, whereas previous philosophers had said that natural rights were discovered by considering the natural law. In Hobbes' opinion, the only way natural law could prevail was for human beings to agree to create a commonwealth by submitting to the command of a sovereign, whether an individual or an assembly of individuals.
In this lay the foundations of the theory of a social contract between the governed and the governor. Based his philosophy of international law on natural law. He wrote that 'even the will of an being cannot change or abrogate' natural law, which 'would maintain its objective validity even if we should assume the impossible, that there is no or that he does not care for human affairs.' ( De iure belli ac pacis, Prolegomeni XI). This is the famous argument etiamsi daremus ( non esse Deum), that made natural law no longer dependent on theology. Incorporated natural law into many of his theories and philosophy, especially in.
Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect 'life, liberty, and property,' people could justifiably overthrow the existing state and create a new one. The Belgian philosopher of law is one among those who are elaborating a secular conception of natural law in the liberal tradition. There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity.
'Dignity' is a key term for the discussion of human rights. The does not justify its claims on any philosophical basis, but rather it simply appeals to human dignity. Discusses human dignity as it relates to freedom. Specifically, his ideas of freedom relate to human rights as an appeal to the freedom to. As embodied individuals who can have this freedom and dignity threatened by external forces, the protection of this dignity takes on an appeal to protect human rights.
The term 'human rights' has replaced the term 'natural rights' in popularity, because the rights are less and less frequently seen as requiring natural law for their existence. But in fact, the campaigning for the legal recognition of new 'human rights' (such as LGBT rights, or euthanasia) must necessarily be based on the assumption that some kind of 'Natural Law' commands the recognition of those 'rights'. The debate on human rights remains thus a debate around the correct interpretation of Natural Law, and human rights themselves a positive, but reductionist, expression thereof Social contract The English philosopher suggested the existence of a hypothetical social contract where a group of free individuals agree for the sake of preservation to form institutions to govern them. They give up their natural complete liberty in exchange for protection from the Sovereign. This led to 's theory that a failure of the government to secure rights is a failure which justifies the removal of the government, and was mirrored in later postulation by in his 'Du Contrat Social'.
International expert Paul Finn has echoed this view: “ the most fundamental fiduciary relationship in our society is manifestly that which exists between the community (the people) and the state, its agencies and. ” — Paul Finn The relationship between government and the governed in countries which follow the tradition is a one. In equity law, a politician's fiduciary obligations are not only the duties of good faith and loyalty, but also include duties of skill and in managing a country and its people. Originating from within the, the fiduciary concept exists to prevent those holding positions of power from abusing their authority. The fiduciary relationship between government and the governed arises from the governments ability to control people with the exercise of its power. In effect, if a government has the power to abolish any rights, it is equally burdened with the fiduciary duty to protect such an interest because it would benefit from the exercise of its own discretion to extinguish rights which it alone had the power to dispose of.
Reciprocity The Golden Rule, or the states that one must do unto others as one would be treated themselves; the principle being that reciprocal recognition and respect of rights ensures that one's own rights will be protected. This principle can be found in all the world's major religions in only slightly differing forms, and was enshrined in the 'Declaration Toward a Global Ethic' by the in 1993. Soviet concept of human rights. Main article: Soviet concept of human rights was different from conceptions prevalent in the West. According to Western legal theory, 'it is the individual who is the beneficiary of human rights which are to be asserted against the government', whereas Soviet law declared that is the source of human rights. Therefore, Soviet legal system regarded as an arm of politics and courts as agencies of the government.
Extensive were given to the. The regime abolished Western, and. According to, the purpose of was 'not to eliminate.
But to substantiate it and legitimize in principle'. Crime was determined not as the infraction of law, but as any action which could threaten the Soviet state and society. For example, could be interpreted as a punishable by death. Was carried out within the terms of Soviet Civil Code. Some Soviet legal scholars even asserted that 'criminal repression' may be applied in the absence of guilt.' ., chief of the Ukrainian explained: 'Do not look in the file of incriminating evidence to see whether or not the accused rose up against the Soviets with arms or words.
Ask him instead to which he belongs, what is his background, his, his. These are the questions that will determine the fate of the accused. That is the meaning and essence of the.' The purpose of was 'not to demonstrate the existence or absence of a crime – that was predetermined by the appropriate – but to provide yet another forum for for the instruction of the citizenry (see for example). Defense lawyers, who had to be, were required to take their client's guilt for granted.' Other theories of human rights The philosopher argues that human rights are justifiable on the grounds of their instrumental value in creating the necessary conditions for human well-being.
Interest theories highlight the duty to respect the rights of other individuals on grounds of self-interest: “ Human rights law, applied to a State's own citizens serves the interest of states, by, for example, minimizing the risk of violent resistance and protest and by keeping the level of dissatisfaction with the government manageable ” — Niraj Nathwani in Rethinking refugee law The theory considers the comparative reproductive advantage of human social behavior based on empathy and in the context of. Main article: is an emerging school of thought which challenges the traditional, state-based conception of security and argues that a people-focused approach to security is more appropriate in the modern interdependent world and would be more effective in advancing the security of individuals and societies across the globe. Ipso facto legal rights theory According to the recommendation of human rights scholar Barrister Dr Mohammed Yeasin Khan LLB Honours, LLM, PhD, PGDL, Barrister-at-Law (Lincoln’s Inn), UK: ‘Right’ being synonymous of ‘legal’ and antonymous of both ‘wrong’ and ‘illegal’, every ‘right’ of any human person is ipso facto a ‘legal right’ which deserves protection of law and legal remedy irrespective of having been written into the law, constitution or otherwise in any country. See also: articulated the theory that every person has a property interest in their own body. Uses the word property in both broad and narrow senses. In a broad sense, it covers a wide range of human interests and aspirations; more narrowly, it refers to material goods. He argues that property is a natural right and it is derived from labour.
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In addition, property precedes government and government cannot 'dispose of the estates of the subjects arbitrarily.' To deny valid property rights according to Locke is to deny human rights. The British philosopher had significant impacts upon the development of the Government of the UK and was central to the fundamental founding philosophy of the United States. Later critiqued Locke's theory of property in his Theories of Surplus Value, seeing the beginnings of a theory of in Locke's works. In Locke's Second Treatise he argued that the right to own private property was unlimited as long as nobody took more than they could use without allowing any of their property to go to waste and that there were enough common resources of comparable quality available for others to create their own property.
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Locke did believe that some would be more 'industrious and rational' than others and would amass more property, but believed this would not cause shortages. Though this system could work before the introduction of, Marx argued in Theories of Surplus Value that Locke's system would break down and claimed money was a contradiction of the law of nature on which private property was founded. References.