scholarly journals Human Rights and Human Nature

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law ◽  
Historical Context ◽  
Human Being ◽  
Positive Law

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

scholarly journals Legge morale e legge civile a difesa dell’uomo in Giovanni Paolo II

2007 ◽  
Vol 56 (5) ◽  
Author(s):  
Laura Palazzani
Keyword(s):  
Human Nature ◽  
Natural Law ◽  
Legal Positivism ◽  
Moral Duty ◽  
Individual Autonomy ◽  
Human Being ◽  
Moral Pluralism ◽  
Philosophy Of Law ◽  
Positive Law ◽  
Law And Ethics

L’autore analizza nella prospettiva della filosofia del diritto la questione del rapporto tra diritto e morale nella Evangelium Vitae. In particolare si sofferma ad analizzare le teorie che tematizzano la neutralità del diritto (nella pretesa di separare il diritto dalla morale pluralistica), quali la teoria liberalelibertaria che identifica il diritto con la garanzia dell’autonomia individuale e la teoria democratico-procedurale che fa coincidere il diritto con il voto di maggioranza. Giovanni Paolo II critica i percorsi postmoderni del diritto, riprendendo sul piano filosofico e teologico la dottrina del diritto naturale (in contrapposizione al giuspositivismo), che riconosce nell’uomo i diritti inviolabili e la dignità intrinseca. Nell’orizzonte giusnaturalista, esiste un dovere morale da parte del cittadino a criticare e a non obbedire alle leggi ingiuste e da parte del giurista e del politico ad operare per abrogare, riformarle e riformularle, al fine di adeguare il diritto positivo alle esigenze intrinseche della natura umana. ---------- The author analysis the question of the relation between law and ethics in Evangelium Vitae in the perspective of the philosophy of law. In particular, it focuses on the theories that speak about neutrality of law (separating law from moral pluralism), such as libertarian-liberalism which identifies law with individual autonomy and procedural democracy which identifies law with opinions of majority. John Paul II criticizes postmodern patterns of law, reaffirming on philosophical and theological level the doctrine of natural law (against legal positivism) which recognises in human being the inviolable rights and intrinsic dignity. In this perspective, there is a moral duty on the part of citizen to criticize and not to obey to unjust laws and on the part of jurist and politician to work for an abolition, reform and reformulation of law, to adequate positive law to the intrinsic instances of human nature.

Is Purely Practical Agreement Possible? Maritain’s Mexico City Thesis Answers Some MacIntyrian Challenges

2018 ◽  
Vol 92 ◽  
pp. 175-188
Author(s):  
J. W. Schulz ◽  
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Mexico City ◽  
Natural Law ◽  
Charles Taylor ◽  
The State ◽  
Alasdair Macintyre ◽  
Jacques Maritain

In 1947, Jacques Maritain argued before the UN that “men mutually opposed in their theoretical conceptions can come to a merely practical agreement regarding a list of human rights.” Maritain justified this thesis using a progressive theory of the natural law which rests on a distinction between the natural law as operative in human nature and the natural law as known and articulated. Drawing on Maritain’s 1951 Man and the State, this essay defends a MacIntyrian reading of Maritain’s thesis and its plausibility against four objections from Ralph McInerny, Charles Taylor, and Alasdair MacIntyre himself.

Fundamental Human Rights and the Military Regime in Nigeria: What did the Courts Say?

1971 ◽  
Vol 15 (2) ◽  
pp. 213-224 ◽  
Author(s):  
D. O. Aihe
Keyword(s):  
Human Rights ◽  
Natural Law ◽  
Natural Rights ◽  
Modern State ◽  
Law Of Nature ◽  
Positive Law ◽  
Moral Force ◽  
Traditional Natural ◽  
The Individual ◽  
The Military

The rights of the individual in the society have been conceived as natural rights—which in the modern state have no more than a moral force. In the context of a modern state which asserts absolute powers within its borders, it appears idle to suggest as in the traditional natural law theories that there is anything like a law of nature existing independently of and overriding positive law.

Human Dignity and the Foundations of Human Rights

2013 ◽  
Author(s):  
John Tasioulas
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Human Dignity ◽  
Moral Status ◽  
Essential Role ◽  
Human Being ◽  
Human Beings ◽  
Trade Offs ◽  
In Virtue Of

This chapter investigates whether or not human rights are grounded in human dignity. Starting from an interest-based account of human rights, it rejects two objections to that account that have been pressed in the name of human dignity: the deontological and the personhood objections. More positively, it contends that human dignity is the equal moral status possessed by all human beings simply in virtue of their possession of a human nature, and that so understood, it has an essential role to play in grounding human rights, but that it can only play this role in tandem with universal human interests. In particular, human dignity is central to explaining both why humans can possess rights and why these rights are resistant to trade-offs. The chapter concludes with some reflections on the implications of this view for whether each and every human being possesses all of the standard human rights.

scholarly journals Problemas que uma característica essencial dos direitos humanos apresenta para a filosofia do direito

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Javier Hervada
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Natural Law ◽  
Philosophy Of Law ◽  
Legal Personality ◽  
Positive Law

RESUMOEste artigo apresenta a reivindicação, por parte dos direitos humanos, da sua condição anterior ao direito positivo e as oposições por eles sofridas no âmbito da filosofia do direito. Considerando-se as diversas ocasiões e teorias em que se contemplou uma dimensão jurídica natural anterior à dimensão estritamente positiva do direito, busca-se arrazoar a necessidade de concebê-lo de forma a abranger também a realidade dos direitos humanos. Observam-se, ainda, as condições de existência dos direitos humanos e da personalidade jurídica diante das noções natural e cultural do direito, a fim de que não somente se resolvam as frequentes inconsistências teóricas, mas também que se reconheçam os direitos humanos como realidade ligada à própria dignidade humana.PALAVRAS-CHAVEDireitos humanos. Filosofia do direito. Direito natural. Direito cultural. Personalidade jurídica. ABSTRACTThis article presents the claim by human rights on its preceding condition in relation to positive law and the opposition it experiences in the field of philosophy of law. Considering several occasions and theories in which natural law, as a universe preceding strict positive law, has been contemplated, the article attempts to reason on the necessity of conceiving law in a way of encompassing the reality of human rights as well. The conditions of existence of human rights and legal personality in accordance to the naturalistic and cultural notions of law are also observed in order not only to solve theoretical inconsistencies but also to recognize human rights as a reality connected to human dignity itself.KEYWORDSHuman rights. Philosophy of law. Natural law. Cultural law. Legal personality.

scholarly journals Enseñar un nuevo Derecho centrado en la persona. Teaching a New Person-Centred Law

2017 ◽  
Author(s):  
María Lacalle Noriega
Keyword(s):  
Human Nature ◽  
Natural Law ◽  
Present Situation ◽  
Positive Law ◽  
Law Professors

El presente artículo plantea la conveniencia de recuperar la esencia del Derecho como “el arte de lo bueno y de lo justo” y su referencia a la naturaleza de las cosas, tal como se hacía en el realismo jurídico clásico. Porque parece que cuando el ordenamiento jurídico pierde la referencia a la ley natural se vuelve contra el hombre. La autora califica la situación actual como de “crisis del Derecho”, la achaca, principalmente, a la pérdida de fundamento, y ofrece una serie de propuestas para salir de ella. Considera que los profesores de Derecho no sólo deben someter a revisión su propia enseñanza y transmitir a sus alumnos conocimientos de Derecho positivo, sino la capacidad de descubrir la conexión entre realidad y verdad, entre justicia y ser y entre justicia y Derecho.This article discusses the need of recovering the essence of Law as “the art of the good and the equitable” and its reference to the very nature of things as it was featured by Roman jurists. This is because it seems that, when positive legislation is not based on natural law, it easily turns against human nature. The author describes the present situation as a “crisis of Law,” mainly due to the progressive disappearance of the fundamentals of Law, and offers a number of proposals for overcoming the crisis. She also thinks that Law professors should review their teaching in order to transmit to their students both knowledge of positive law and the ability to discover the connection between reality and truth, between justice and being, and between justice and Law.

scholarly journals Principles of art in Serbian and European laws and stands of Christian orthodox church on art

2014 ◽  
pp. 737-746
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Human Rights ◽  
Orthodox Church ◽  
Human Being ◽  
Donor Insemination ◽  
European Law ◽  
Family Status ◽  
Surrogate Motherhood ◽  
Positive Law ◽  
The Family ◽  
Assisted Fertilization

In Serbia, Biomedically Assisted Fertilization is regulated by the Act on Treatment of Infertility with Biomedically Assisted Fertilization Procedures from 2009, and by the Family Act from 2005, the provisions on the family status of the child. In European context, the principles of the application of biology and medicine are regulated by the Council of Europe Convention from 1997 for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine). In this paper, Serbian law is compared with European law as well as the stands of Christian Orthodox Church which represents the dominant religion in Serbia. Comparison of principles stipulated in the Act and the Convention with the stands of the Christian Orthodox Church shows that domestic law, European law and stands of Christian Orthodox Church are based on similar grounds. It is the protection of human being, human dignity, and application of principle of medical justification. However, there is great difference of opinions when the question of acceptable and allowed procedures is raised. For example, there is an opinion that donor insemination is not in compliance with Christian Orthodox stands. On the contrary, positive law accepts donor insemination, both sperm and egg donations. As regards the surrogate motherhood, this is unacceptable for Orthodox Church and it is still not allowed in Serbia, but de lege ferenda it might be permitted in Serbia, as the Draft of Civil Code proposes that surrogate motherhood should be permitted and regulated by a new law.

scholarly journals FILOSOFIA JURÍDICA: CONSIDERAÇÕES SOBRE A COEXISTÊNCIA DO DIREITO NATURAL E O DIREITO POSITIVO

2020 ◽  
Vol 4 (1) ◽  
pp. 46-51
Author(s):  
Fabiana Vergílio Souto
Keyword(s):  
Human Nature ◽  
Natural Law ◽  
Legal Practice ◽  
Positive Law ◽  
Moral Nature ◽  
The Law ◽  
Ideological Construction

Juspositivists contest the existence, legitimacy and validity of Natural Law for estimating it as an ideal value of justice to be achieved.Thisstudy aims at demonstrating the coexistence of Natural Law and Positive Law, despite the antagonism of the philosophical theories of which are objects, namely, Natural Law and juspositivism, which, although surpassed, still support the interpretation and application of norms.Through bibliographic research, it was observed that in contemporary legal practice, in addition to the written norm, valuative conjectures are sought, of a principiological, ethical, moral nature, so as not to reduce the Law to the established norms, which would be an exclusive action juspositivist, nor to limit the Law to axiological contents, operating in an eminently jusnaturalist way, as this is not limited to values, nor to positive norms. Be positive -Positive, legally valid -Be presupposed -Natural, due to human nature itself -Law is the result of a cultural and ideological construction, a mixture of theories that coexist and guide nomogenesis and subsumption.It is concluded that Positive Law does not exclude Natural Law, as it is covered by it, either in the elaboration of the norm, or in its application.

Queries on Natural Law, Human Rights, and Human Nature

1943 ◽  
Vol 40 (19) ◽  
pp. 515
Author(s):  
Herbert W. Schneider
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law

scholarly journals Human Dignity and Its Premises in the Pandemic Crisis

2021 ◽  
Vol 8 (2) ◽  
pp. 01-14
Author(s):  
Gabriela Nemțoi
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Public Law ◽  
Moral Principle ◽  
Human Being ◽  
Philosophical Hermeneutics ◽  
Legal Recognition ◽  
Positive Law ◽  
Moral Content

Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.

Sign in / Sign up

Export Citation Format

Share Document