The document discusses natural rights and natural law. It provides background on how philosophers like John Locke and Thomas Jefferson viewed natural rights as including life, liberty and property/pursuit of happiness. These rights were seen as inherent and could not be taken away by governments. The document also discusses how natural law theories have been used to both support authority and justify revolution against authority. Natural law is viewed as deriving from supreme sources like God, nature or reason, rather than worldly authorities.
Rights and Duties
Introduction
Definition
Kinds of Rights
Classification or Kinds of Rights
Legal or Moral Rights
Kinds of Legal Rights
Duty
Classification or Kinds of Duties
Conclusion
Rights and Duties
Introduction
Definition
Kinds of Rights
Classification or Kinds of Rights
Legal or Moral Rights
Kinds of Legal Rights
Duty
Classification or Kinds of Duties
Conclusion
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
International Human Rights Law
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
Universal Declaration of Human Rights
Week 1, Lecture B Do We Need A GovernmentOften we use words .docxcelenarouzie
Week 1, Lecture B: "Do We Need A Government?"
Often we use words like freedom and liberty without ever thinking about what these words mean. We assume that we all mean the same thing by these words; however, in reality, we all live by different personal definitions of freedom and liberty. Our definitions are not based on a dictionary but are informed by our unique personal life experiences. Consider the diversity even in this course. How might someone understand words like liberty and freedom from a background, culture, age, gender, or even race that is different from yours? Each of us has a unique story that has brought us to this point – and each of our stories is intrinsically valuable and important.
If we think about this level of diversity – how and why do such different individuals come together to exist together in a society?
The State of Nature, or Life Without Government
Simply, freedom and liberty are not the same thing. Let’s consider what we mean by freedom. For our purposes, freedom is doing whatever you want to do, whenever you want to do it.
If everyone had absolute freedom and could do whatever they wanted whenever they wanted what would our world look like? What would our relationships with each other look like?
These are the questions that political philosophers such as Thomas Hobbes and John Locke asked. These are also question that our founders asked as they pondered the creation of a new nation. They called this condition of absolute freedom the State of Nature – a state in which people lived in absolute freedom with no social structures or government.
For Hobbes, life in this state of nature looked very terrible. Hobbes described the state of nature as:
“In such condition there is no place for industry, because the fruit thereof is uncertain: and consequently no culture of the earth; no navigation, nor use of the commodities that may be imported by sea; no commodious building; no instruments of moving and removing such things as require much force; no knowledge of the face of the earth; no account of time; no arts; no letters; no society; and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short…”
Additionally, Hobbes suggested:
“For before constitution of sovereign power, as hath already been shown, all men had right to all things, which necessarily causeth war.”
For Hobbes, freedom was each individual having the right to all things. If you have new car, in the state of nature, I have right to take your new car – even by force and violence.
Hobbes is saying that in the state of nature, or trying to live life without government, no form of cooperation between individuals is possible and thus there will be no grocery stores, no computers, no smartphones, no art, and each individual will suffer a very quick and violent death.
The founders of our nation shared Hobbes’ fairly pessimistic outlook regarding human nature. James Madison famously wrote i.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
Based on Arendt’s analysis of human rights, do you think human rig.docxjasoninnes20
Based on Arendt’s analysis of human rights, do you think human rights are
sufficient for protecting vulnerable populations including refugees illegal
immigrants, and people forced into exile? What are some of Arendt’s reasons? Use a current event to explain your analysis.
YOU SHOULD READ THE LECTURE FIRST
For more detail
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Human Rights /
Humans as Political Beings
Lecture 2.4
Natural Rights, Civil Rights, Human Rights
So far, in this unit of the course, the notion of
“rights” has come up several times. Both Hobbes,
Locke, and Mills discuss rights in some way.
As you may recall, Hobbes defines right as a type of
liberty, the freedom to do something without
impediment. Both Hobbes and Locke believe that
humans have natural rights, that is inherent
freedoms that they are endowed with by nature. In
other words, because humans and the world are
they way they are, humans come with pre-given
rights. For Hobbes the principle right held by
humans was to do whatever it takes to survive. For
Locke it was to defend one’s property (including
one’s life).
For Hobbes, when humans enter a social contract
and form a government with laws, they give up
their natural rights. For Locke, the institution of
government provides a way of guaranteeing one’s
natural rights by codifying those rights into law. When
a sovereign power establishes rights for its citizens
and laws for protecting those rights, we get civil
rights.
Natural rights apply in the state of nature while civil
rights apply in civilization. Human rights refer to
those rights which humans hold simply because they
are human. Such rights are closer in kind to natural
rights, but are often reflected in civil rights.
The notion of human rights gets invoked frequently in
discussions of violations of human dignity and ethics.
But where do human rights come from? Are they
real? Who guarantees them? How effective are
they in protecting vulnerable people? Do
other-than-human beings have rights, too?
Amartya Sen, 1933 -
Sen was born in West Bengal India in 1933. He
received is B.A., M.A., and Ph.D. in Economics at
Trinity College in Cambridge, England. His research
has included topics such as social choice theory,
economic theory, ethics and political philosophy,
welfare economics, theory of measurement,
decision theory, development economics, public
health, and gender studies. His interest in global
welfare and human rights was partly inspired by his
experience of witnessing famine in India.
Sen has served on various economic advisory
boards including the American Economic
Association. He has also received numerous awards
for his work, the most prestigious of which was the
Nobel Prize in economics.
Sen currently teaches at Harvard University.
Hannah Arendt,
1906-1975
Arendt was born in Linden, Germany in 1906 to a Jewish
family. She studied under the German philosophers
Martin Heidegg ...
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Human rights in the international context are fundamental principles that safeguard the inherent dignity and worth of every individual, regardless of their nationality, ethnicity, religion, gender, or any other characteristic. This essay explores the evolution, challenges, and significance of human rights from a global perspective.
Historical Evolution:
Human rights have deep historical roots, with milestones such as the Magna Carta (1215) and the Universal Declaration of Human Rights (UDHR) in 1948 shaping their trajectory. The aftermath of World War II underscored the need for a global commitment to prevent atrocities and protect individuals from the abuse of power.
Universal Declaration of Human Rights:
The UDHR, adopted by the United Nations General Assembly, serves as a cornerstone in the international human rights framework. It outlines a comprehensive set of rights and freedoms, ranging from the right to life and liberty to freedom of expression and education. However, the challenge lies in implementing these rights universally, as diverse cultural, political, and economic contexts often influence their interpretation and enforcement.
International Treaties and Conventions:
To operationalize the principles outlined in the UDHR, various international treaties and conventions have been established. Examples include the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These instruments provide a legal framework for states to adhere to and are monitored by international bodies.
Challenges to Implementation:
Despite these efforts, the realization of human rights faces persistent challenges. National sovereignty, cultural relativism, and geopolitical considerations can impede the enforcement of international standards. Issues like discrimination, poverty, and inequality persist globally, illustrating the gap between legal frameworks and their effective implementation.
Human Rights in Conflict Zones:
Conflict zones often witness severe human rights abuses, raising questions about the international community's ability to intervene. The Responsibility to Protect (R2P) doctrine emerged as an attempt to address this, emphasizing the global responsibility to prevent and respond to mass atrocities. However, debates over intervention and sovereignty complicate the application of R2P.
Economic Globalization and Human Rights:
The interconnectedness of the global economy brings both opportunities.
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2. Fundamental human rights based on universal natural law, as
opposed to those based on man-made positive law are called
‘Natural Rights’ . Although there is no unanimity as to which
right is natural and which is not, the widely held view is that
nature endows every human (without any distinction of time
or space, and without any regard to age, gender, nationality, or
race) with certain inalienable rights (such as the right to 'life,
liberty, and pursuit of happiness') which cannot be abrogated
or interfered with by any government. And that, whether or
not these rights are enshrined in a national legal code, no
government is lawful if it fails to upholds them.
3. We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life, Liberty
and the pursuit of Happiness.
That to secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the
governed, That whenever any Form of Government becomes
destructive of these ends, it is the Right of the People to alter
or to abolish it, and to institute new Government, laying its
foundation on such principles and organizing its powers in
such form, as to them shall seem most likely to effect their
Safety and Happiness.
4. The main argument in the Declaration of Independence was
that the British monarchy violated the natural rights of the
American people. Natural rights, sometimes called
unalienable rights, and are the rights that the Framers
believed all people are born with and can never give up.
The Framers argued that the government’s central purpose
should be to protect and uphold these rights.
John Locke, an Enlightenment philosopher, described
natural rights as the rights to one’s own “life, liberty, and
property.” His work inspired Thomas Jefferson, the main
author of the Declaration of Independence, who described
unalienable rights as “life, liberty, and the pursuit of
happiness.”
5. John Locke (in his classic book, Second Treatise on Government)
has described right to life, liberty and property as natural rights.
These are the rights which any government or society cannot deny.
People have these rights “naturally”. Now nature can be seen in
different contexts like independent from society or any government
which is obliged to give those rights.
Jefferson stated that natural rights are “…life, liberty, and the
pursuit of happiness….” Jefferson based his ideas on the English
philosopher, John Locke. He said that natural rights are life, liberty,
and property. Both stated that these rights are inalienable (or
unalienable as Jefferson said) which means they can never be taken
away. It is also our duty to preserve these rights and the government
must protect these rights.
These rights are what we continue to strive for, even though we fall
short of them
6. Natural rights are God given rights that cannot be taken away. We are all
born free and equal. . Natural rights are rights that exist independently of
legal code. They can be inherent in human nature, self-evident, imprinted
into man by his creator, etc.
However there are many scholars who criticize the idea of natural rights.
Bentham can be quoted here who said “ it is completely irrational and
meaningless to imagine rights before society and state”.
Bentham followed Hobbes, who gave the theory of legal rights. The
concept of legal rights is found in his book “Leviathan” where the people
submit everything to the sovereign (ruler: Leviathan) except right to life.
So, according to Hobbes since man is selfish, he created society to feel
secure and submit the rights to the king who would protect them. This is
the concept of legal rights.
7. ”Natural Law” is a philosophy that certain rights
or values are inherent by virtue of human nature
& can be universally understood through human
reason.
8. In jurisprudence, the term ‘Natural Law’ means those
rules and principles which are considered to have
emanated from some supreme source ( other than any
worldly or political authority). Various theories have
been propounded since very early time about the
source, authority, and relation of these rules ( natural
law) with law (positive law). These theories, though
mostly divergent in nature and supporting contrary
ideologies, proceed from the common ground that the
source of these rules is not any worldly authority.
Some say that these rules have come from God; some
find their source in nature ; others says that they are the
product of ‘reason’.
9. These rules have been given different names by different jurists (on the
basis of their source) such as ‘Divine Law’, ‘Moral Law’ ‘Law of Nature’
or ‘Natural Law’, ‘ Universal Law’, ‘Law of God’, ‘Unwritten Law’ and
so on.
The Natural Law theories reflect a perpetual quest for absolute justice. It
has been an appeal to absolute justice, authority and rules higher than
positive law.
10. The Natural Law theories have been used to serve divergent
purposes. It was used to support existing authority and also to
foment revolution against it. In the name of natural law from
time to time, different principles and ideologies have been
preached. But, it should not be assumed that ‘Natural Law’
has had been subject of theoretical discussion only among the
jurists and it has no practical value.
11. Under the influence of ‘natural law’ (‘jus naturale’), ‘jus civile’ of Romans
was transformed into a very comprehensive and cosmopolitan system The
movement for the freedom of individuals against the absolute authority of
State started in the name of ‘natural law’. The American Constitution
incorporates many principles of ‘natural law’. After the French revolution,
the rights of individuals, given in the Constitution as ‘inalienable’, were
said to based on ‘natural law’. In the name of ‘natural law’ , many jurists
have asserted the validity and authority of International Law .
Infact, the theories about natural law have not been evolved to explain
any given legal system, but rather to serve an ulterior end namely, the
fulfilment of the social need of the age.
12. We can give several examples to prove our point that there are “Natural Laws”
governing us. Some examples stated below clarifies this stand.
Our “Solar System” is stable & well formed with Planets revolving round the Sun
in a precise & accurate timing & we are all supported by “Solar System” to
survive. This is a fundamental “Natural Law”, which cannot be tampered by
humans.
Anatomy of all living beings are well defined by “Nature” and are bound by that
“Natural Law”.
Birth, Life & Death of all living creatures, including humans, on earth are as
per “Universal Law” of governance.
Several examples of natural law are respecting individual's property, paying
compensation in exchange of someone else's injury, loss or damage, and most
importantly, Pacta sunt servanda (keeping agreements / agreements must be
kept).
You can list out any number of “Natural Laws” governing us, suffice it to say, that
we cannot be out of purview of “Natural Laws” by any means whatsoever
13. Natural laws are the laws which are absolute and inalienable. Similarly,
Natural rights are the rights which every individual has by the virtue of
being a human being. They both transcend geographical and political
boundaries. They would still exist even if no government existed.
The fundamental rights enshrined in the Indian constitution in articles 14-
35, based on UN Charter for Human Rights provide a good example of
Natural laws. Although in this case they are a creation of a statute and are
limited by reasonable restrictions none the less natural laws are based on
natural rights which are a man's birth rights. Philosophers like Aristotle
and Plato wrote extensively on natural laws. Thomas Aquinas and Hugo
Grotius are some of the eminent jurists from this school of jurisprudence.
14. Positive law is law as it exists.
Natural law is law as it ought to exist.
The argument is that law ought to protect natural rights because of human
dignity and justice. Government exists to serve natural rights--to serve the
individual. That is their ultimate purpose and goal.
Natural Law” is based on the principles and truth. Such laws are said to
harmonise knowledge and understanding. It is claimed that such laws are
universal. These laws, of course have become established norms in legal
terms. They probably began their evolution from earlier moral (religious)
law, becoming secularised over time, and finding themselves established in
common law of most first world nations.
15. Thomas Aquinas, the great philosopher of the Middle Ages, wrote that the
first precept of the Natural Law is to do good and avoid evil. Natural Law
means that, what constitutes “right” and “wrong,” which is same for
everyone, and this concept is expressed as “morality.” As an example of
natural law, it is universally accepted that to kill someone is wrong, and
that to punish someone for killing that person is right, and even necessary.
Hugo Grotius is one of influential natural law thinkers. He secularised the
law by stripping down its theological elements. According to Grotius,
Natural law consists of principles derived from rational consideration and
social nature of humankind. The social nature is not merely in a form of
the will to live in a society, but also the will to live in a peaceful and well-
ordered society.