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The Concept of Human Rights

The Concept of Human Rights. Incorporates not only liberties associated with being a member of a free political society but also entitlement to a fair distribution of what society has to offer (food, shelter, jobs, education or wealth). Natural and Positive Rights.

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The Concept of Human Rights

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  1. The Concept of Human Rights • Incorporates not only liberties associated with being a member of a free political society but also entitlement to a fair distribution of what society has to offer (food, shelter, jobs, education or wealth)

  2. Natural and Positive Rights • Where do our rights come from? • Rights grounded in Natural Law: are enduring and universal  subject to minimal or no limitation. • Rights grounded in Positive Law (usually statutes): shaped by political authority  created by democratic or dictatorial governments  subject to cultural, social, economic, political changes that occur in society

  3. Examples • According to natural rights – the right to life is absolute and “a nonrestirctable right” (An absolute right, not changing with circumstances, enduring and universal, subject to minimal or no limitation.) • According to positive law – The right to life may be controlled by prohibiting capital punishment • What happens if crime rate rises as a result of no capital punishment?? • Positive Law says they can go back on their rule because it no longer reflects the interests of society or their values. These are “restrictable rights”. (Rights subject to the rule of law and changing circumstances shaped by political authority and subject to cultural, social, economic, and political changes in society.)

  4. The Development of Human Rights Theory • As human right are defined, develop and change, this leads to change of our laws • Example: Prison Cells • Example: Selling your land

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