His theory conceives human rights as rights of citizens rather than of human beings. The theory is construed for a body of people who form a political society rather than the human race forming a moral community . Reality however shows that human nature is not an immutable essence but a mixture of elements and values such as possibilities, interest, power and immunities, dignity, rationality and liberty. The conflict of theories can be solved by balancing prima facie rights which are not absolute but are dealt with case by case, the balancing is to be against each other not wishing merits in terms of some different ultimate standard of value such as
Lon Fuller is one of the prominent jurists who defended the notion that law has to take into consideration of morality in order to constitute its validity. He divided morality into two categories, which is to say, morality of aspiration and morality of duty. Morality of aspiration is the morality of excellence, of the good life, of the fullest realization of human powers. It has to do with our efforts to make the best use of our short
Interestingly, legal positivists posit that it is social assent that equally leads to ethical systems. Both legal and ethical systems are constraints on humankind’s conduct. The law is a system of rules that aim to regulate and dictate the behaviour of
Moral universalism posits the existence of rationally identifiable trans-cultural and trans-historical moral truths. The origins of moral universalism within Europe are typically associated with the writings of Aristotle and the Stoics. Thus, in his Nicomachean Ethics, Aristotle unambiguously expounds an argument in support of the existence of a natural moral order. This natural order ought to provide the basis for all truly rational systems of justice. An appeal to the natural order provides a set of comprehensive and potentially universal criteria for evaluating the legitimacy of actual 'man-made' legal systems.
Such a distinction assists in the determination of the validity of rules without considering subjective morals. According to Hart, primary rules refer to the legal rules which impose duties and obligations on society and which in turn guide our behaviours. Alternatively, secondary rules are those rules which provide a criteria of validity through which the primary rules may be modified, introduced or enforced. According to Hart, a society with only primary rules will face various challenges, but such challenges can be remedied through the following three categories of secondary rules; rules of recognition, rules of change and rules of adjudication. The secondary rules are social rules and are essential to assist with the validity of primary rules.
The importance of both the role of state and society is made clear through the works of liberal thinkers, deeming these roles the most crucial elements in not only securing individual freedoms but also for future progression. Overtime, the interpretation of these roles differs in defining where the role of society and state take place and how each must contribute to each other or matters in which the state should or should not involve itself. The concept of establishing and defining roles of both society and state can be seen in John Locke’s Treatise of Civil Government (1690). In his work, Locke introduces this concept by using the law of nature. The law of nature states men are in a natural state of freedom and equality.
“Is Morality Relative or are there Objective Moral Truths?” In A Defense of Ethical Relativism by Ruth Benedict from her “Anthropology and the Abnormal,” Journal of General Psychology, in her part take on Modern Social Anthropology, Benedict views ethical relativism as part of the new modern civilization in which each society has their own moral views and “like a work of art” each culture has a theme and certain tendencies which they chose to favor. On the contrary, The Case Against Moral Relativism by Louis P. Pojman, moral relativism is viewed as a misled argument by relativists and explains in detail some of the moral differences in each culture and how this affects humanity as a whole. Subjectivism, “Morality is in the eye of the beholder,”
2. Understanding the Concept on Rights As Birshan (1998) rightly put in his article titled “What is Natural about Natural Rights?” it is critical for one to first understand the principle of rights before one can support either of the divergent views on natural rights theories. A full appreciation of the concept on rights will enable one to meaningfully contribute to the whole discourse on natural rights theories. According to the Universal Declaration of Human Rights (UDHR) of 1948 the concept of rights is generally defined as basic entitlements or freedom a human being should have. In essence, rights are a necessity to ensure that human beings co-exist peacefully together, and it is critical for all human authorities, particularly governments to respect and guarantee such rights to promote sustainable
What kind of Justice is Superior? Justice is the most important political value and applies to the institution of society. Institutions regulate the market, property, family, freedom etc. It defines the just behavior or treatment of the people. There are multiple opinions of what justice concludes of, but for now I will only focus on the two.
Utilitarianism come under teleological philosophy which connects to morality based on consequences and not on motives or intensions. Under utilitarianism, it’s unethical to engross into a deed which leads to personal gain. Deontological philosophies stress the methods or intentions involved in a particular behavior. Standards to defend personal ethics are often developed under deontological philosophies. Right principle under deontology specifies minimum level of fulfillments and standards independent of