natural rights
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2021 ◽  
Author(s):  
Karan Goyal

Prisoners form the most ignored community, and their rights are most overtly denied and treated as degraded human beings. Prisons are looked down as burden on state exchequer. Allocation for welfare activities of prisoners formed only 0.6 % of total prison budget. Prisons are highly congested with minute care toward maintenance, hygiene, sanitation, and quality of food along with severe staff crunch. Currently, prisons are the hub to the suppression of human dignity and natural rights. Mostly overlooked, extremely stigmatised and least cared and discussed for, and mostly coming from the already marginalised sections, prisoners get trapped in the vicious circle of living a hell life. It’s the crime which needs to be shaded off not the criminal per se. Only with such improvements availability of procreation right would bring respite especially toward the women and children involved. Things need to be moved hand in hand. In this article author tries to throw light own issues that must be looked into while drafting policies for prisoners’ rights.


2021 ◽  
pp. 137-186
Author(s):  
Michael C. Hawley

This chapter considers how John Locke reunites the two strands of Ciceronian thought from the seventeenth century. Locke returns to Cicero’s original formulation of natural law republicanism and innovates on it. He derives from Cicero’s natural law a set of natural rights, corresponding to the duties Cicero claimed were imposed by natural law. Locke’s law of nature is a barely modified version of Ciceronian natural law, but his conception of natural rights allows him to solve a number of theoretical problems posed by Cicero’s construal of the issue. Locke also offers a solution to the puzzle of how a doctrine of natural law could meet the standard of skeptical epistemology.


Author(s):  
Sasan Karimi ◽  
Mohammad Kazem Sajjadpour

International law is a science attributed to Hugo Grotius, based on both natural rights and intergovernmental treaties, although over time it has expanded its sphere of influence to other subjects. In the present study, an attempt is made to address the origins and defined framework of this science by addressing the theories of this Dutch philosopher and to look at the ancestors and successors of Grotius in order to determine the extent of influence by each of the following philosophers: Aristotle and Cicero in ancient times and Hobbes and Kant in the modern era. Examining the nature of natural rights on the one hand and international law on the other and, the relationship between the two from the point of view of Grotius, as well as comparing his point of view with Hobbes' in particular and, referring to Kant are among the topics covered in this article. Because the study of the theoretical foundations and methods of each of the above thinkers as well as their intellectual system and their proponents and opponents can to some extent shed light on the hidden aspects of the issue.


2021 ◽  
pp. 173-195
Author(s):  
Javier Hernández ◽  
Santiago Dussan

This article argues that the conceptions of natural rights in Hobbes’s theory and of economic, social and cultural rights in the Universal Declaration of Human Rights have three common features that serve to justify the thesis that a satisfactory order of coexistence cannot be achieved without extensive state power. Both conceptions identify rights with interests whose satisfaction is considered paramount. Both perspectives see the state as the shaper of the legal order that rights do not create. Finally, both see the state as the entity that must monopolize the management of individual interests represented in rights. This article suggests that these findings are paradoxical when confronted with the main motivation behind the drafting of the Declaration.


2021 ◽  
pp. 281-312
Author(s):  
Maren Jonasson ◽  
Pertti Hyttinen ◽  
Lars Magnusson ◽  
Peter C. Hogg
Keyword(s):  

2021 ◽  
Vol 5 (S4) ◽  
pp. 327-343
Author(s):  
Ihor Diorditsa ◽  
Kateryna Katerynchuk ◽  
Sergiy Kyrenko ◽  
Iryna Vasylkivska ◽  
Olha Bespal

The research given is of great scientific value since the main task of any state is to protect natural human values, namely: life, health, will, honour, dignity, and other natural rights. Therefore, their defence and protection are carried out at the state level, especially by developing effective means aimed at systematic counteraction to criminal offences against the health of an individual. The doctrinal approaches on the limits of criminal law protection of person’s health, existing today, require a detailed analysis and generalization, as well as legal drawbacks in the construction of criminal law norms on liability for various types of encroachments on health and problems arising as a result of it at criminal law assessment of relevant socially dangerous acts. However, the discussion on terminology which is not only the achievement of criminal law subjects but also medicine, forensic medicine, psychology, etc., is still taking place between the researchers in various humanitarian sciences at national and international levels. First of all, these terms and categories are the determinants, and main studies in these areas are based on them.


2021 ◽  
pp. 17-46
Author(s):  
James E. Crimmins
Keyword(s):  

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