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Inalienable Rights
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great, his pupil Thomas Aquinas, and Jean Gerson in his 1402 work "''De Vita Spirituali Animae."'' Du ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are an important concept in law and ethics, especially theories of justice and deontology. The history of social conflicts has often involved attempts to define and redefine rights. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Types of rights Natural versus legal * Natural rights are rights which are "natural" in the sense of "not artificial, not man-made", as in rights deriving from human nature or from the divine command theory, edicts of a god. They are universal; that is, they apply to all people, and do not derive from the laws of any specific soci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education. The modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Late Antiquity
Late antiquity marks the period that comes after the end of classical antiquity and stretches into the onset of the Early Middle Ages. Late antiquity as a period was popularized by Peter Brown (historian), Peter Brown in 1971, and this periodization has since been widely accepted. Late antiquity represents a cultural sphere that covered much of the Mediterranean world, including parts of Europe and the Near East.Brown, Peter (1971), ''The World of Late Antiquity (1971), The World of Late Antiquity, AD 150-750''Introduction Late antiquity was an era of massive political and religious transformation. It marked the origins or ascendance of the three major monotheistic religions: Christianity, rabbinic Judaism, and Islam. It also marked the ends of both the Western Roman Empire and the Sasanian Empire, the last Persian empire of antiquity, and the beginning of the early Muslim conquests, Arab conquests. Meanwhile, the Byzantine Empire, Byzantine (Eastern Roman) Empire became a milit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stoics
Stoicism is a school of Hellenistic philosophy that flourished in ancient Greece and Rome. The Stoics believed that the universe operated according to reason, ''i.e.'' by a God which is immersed in nature itself. Of all the schools of ancient philosophy, Stoicism made the greatest claim to being utterly systematic. The Stoics provided a unified account of the world, constructed from ideals of logic, monistic physics, and naturalistic ethics. These three ideals constitute virtue which is necessary for 'living a well reasoned life', seeing as they are all parts of a logos, or philosophical discourse, which includes the mind's rational dialogue with itself. Stoicism was founded in the ancient Agora of Athens by Zeno of Citium around 300 BC, and flourished throughout the Greco-Roman world until the 3rd century AD, and among its adherents was Roman Emperor Marcus Aurelius. Along with Aristotelian term logic, the system of propositional logic developed by the Stoics was one of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Order (philosophy)
In philosophy, the natural order is the moral source from which natural law seeks to derive its authority. Natural order encompasses the natural relations of beings to one another in the absence of law, which natural law attempts to reinforce. In contrast, divine law seeks authority from God, and positive law seeks authority from government. History The Ancient Greeks called order cosmos, which the Romans later translated as ordo (Latin "order, rank, class") . Ordo has mainly two meanings: discipline on the one hand, and science theory or philosophical on the other hand, reflecting on how to understand sequences and classes. The Physiocrats, a group of 18th century Enlightenment French philosophers, thought there was a "natural order" that allowed human beings to live together. According to them it is an ideal order given to them by God, which allowed human beings to live together in an ideal society. The natural laws are the expression of the will of God. Men did not come tog ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iusnaturalism
Natural law (, ) is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certain rights and moral values are inherent in human nature and can be understood universally, independent of enacted laws or societal norms. In jurisprudence, natural law—sometimes referred to as iusnaturalism or jusnaturalism, but not to be confused with what is called simply ''naturalism'' in legal philosophy—holds that there are objective legal standards based on morality that underlie and inform the creation, interpretation, and application of human-made laws. This contrasts with ''positive law'' (as in legal positivism), which emphasizes that laws are rules created by human authorities and are not necessarily connected to moral principles. Natural law can refer to "theories of ethics, theories of politics, theories of civil law, and th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeremy Bentham
Jeremy Bentham (; 4 February Dual dating, 1747/8 Old Style and New Style dates, O.S. [15 February 1748 Old Style and New Style dates, N.S.] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong." He became a leading theorist in Anglo-Americans, Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated Individualism, individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing of homosexual acts. He called for the abolitionism, abolition of slavery, capital punishment#Abolition of capital punishment, capital punishment, and physical punishment, includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negative Rights
Negative and positive rights are rights that oblige either inaction (''negative rights'') or action (''positive rights''). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a ''negative right to x'' against Clay, if and only if Clay is ''prohibited'' to act upon Adrian in some way regarding ''x''. In contrast, Adrian has a ''positive right to x'' against Clay, if and only if Clay is obliged to act upon Adrian in some way regarding ''x''. A case in point, if Adrian has a ''negative right to life'' against Clay, then Clay is required to refrain from killing Adrian; while if Adrian has a ''positive right to life'' against Clay, then Clay is required to act as necessary to preserve the life of Adrian. ''Negative rights'' may include civil and political rights such as freedom of speech, life, private property, freedo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Soft Law
The term ''soft law'' refers to quasi-legal instruments (like recommendations or guidelines) which do not have any legally binding force, or whose binding force is somewhat weaker than the binding force of traditional law. Soft law is often contrasted with hard law. The term ''soft law'' initially emerged in the context of international law, although more recently it has been transferred to other branches of domestic law as well. International law Definition The definition or form of soft law depends on the legal context. In essence, a domestic soft law will look and act differently than an EU or international soft law. In the context of international law, the term 'soft law' covers such elements as'':'' * Most Resolutions and Declarations of the UN General Assembly * Elements such as statements, principles, code of practice etc.; often found as part of framework treaties; * Action plans (for example, Agenda 21, Financial Action Task Force Recommendations); * Other non-tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Instrument
Legal instrument is a law, legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a wikt:certificate, certificate, deed, Bond (finance), bond, contract, will (law), will, legislative act, Act (document), notarial act, court writ or process, or any law passed by a competent legislative body in domestic or international law. Many legal instruments were written Seal (contract law), ''under seal'' by affixing a wax or paper Seal (emblem), seal to the document in evidence of its legal execution and Authentication, authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universal Declaration Of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal Declaration of Human Rights, committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as United Nations General Assembly Resolution 217, Resolution 217 during Third session of the United Nations General Assembly, its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstentions, abstained, and two did not vote. A foundational text in the History of human rights, history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intergovernmental Organizations
An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own legal personality, such as the United Nations, the Council of Europe, African Union, Mercosur and BRICS. International organizations are composed of primarily member states, but may also include other entities, such as other international organizations, firms, and nongovernmental organizations. Additionally, entities (including states) may hold observer status. Examples for international organizations include: UN General Assembly, World Trade Organization, African Development Bank, UN Economic and Social Council, UN Security Council, Asian Development Bank, International Bank for Reconstruction and Development, International Monetary Fund, International Finance Corporation, Inter-American Development Bank, United Nations Environment Programme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
