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Legal Right
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of any particular culture or government, and so are ''universal'', ''fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights).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 * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights
Rights are legal, social, or ethical principles of freedom or 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 of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. 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". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate abou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Priori And A Posteriori
("from the earlier") and ("from the later") are Latin phrases used in philosophy to distinguish types of knowledge, justification, or argument by their reliance on empirical evidence or experience. knowledge is independent from current experience (e.g., as part of a new study). Examples include mathematics,Some associationist philosophers have contended that mathematics comes from experience and is not a form of any a priori knowledge () tautologies, and deduction from pure reason.Galen Strawson has stated that an argument is one in which "you can see that it is true just lying on your couch. You don't have to get up off your couch and go outside and examine the way things are in the physical world. You don't have to do any science." () knowledge depends on empirical evidence. Examples include most fields of science and aspects of personal knowledge. The terms originate from the analytic methods found in ''Organon'', a collection of works by Aristotle. Prior a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protestant Reformation
The Reformation (alternatively named the Protestant Reformation or the European Reformation) was a major movement within Western Christianity in 16th-century Europe that posed a religious and political challenge to the Catholic Church and in particular to papal authority, arising from what were perceived to be errors, abuses, and discrepancies by the Catholic Church. The Reformation was the start of Protestantism and the split of the Western Church into Protestantism and what is now the Roman Catholic Church. It is also considered to be one of the events that signified the end of the Middle Ages and the beginning of the early modern period in Europe.Davies ''Europe'' pp. 291–293 Prior to Martin Luther, there were many earlier reform movements. Although the Reformation is usually considered to have started with the publication of the '' Ninety-five Theses'' by Martin Luther in 1517, he was not excommunicated by Pope Leo X until January 1521. The Diet of Worms of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomism
Thomism is the philosophical and theological school that arose as a legacy of the work and thought of Thomas Aquinas (1225–1274), the Dominican philosopher, theologian, and Doctor of the Church. In philosophy, Aquinas' disputed questions and commentaries on Aristotle are perhaps his best-known works. In theology, his '' Summa Theologica'' is amongst the most influential documents in medieval theology and continues to be the central point of reference for the philosophy and theology of the Catholic Church. In the 1914 motu proprio ''Doctoris Angelici'', Pope Pius X cautioned that the teachings of the Church cannot be understood without the basic philosophical underpinnings of Aquinas' major theses: Overview Thomas Aquinas held and practiced the principle that truth is to be accepted no matter where it is found. His doctrines drew from Greek, Roman, Islamic and Jewish philosophers. Specifically, he was a realist (i.e. unlike skeptics, he believed that the world can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Late Antiquity
Late antiquity is the time of transition from classical antiquity to the Middle Ages, generally spanning the 3rd–7th century in Europe and adjacent areas bordering the Mediterranean Basin. The popularization of this periodization in English has generally been credited to historian Peter Brown, after the publication of his seminal work '' The World of Late Antiquity'' (1971). Precise boundaries for the period are a continuing matter of debate, but Brown proposes a period between the 3rd and 8th centuries AD. Generally, it can be thought of as from the end of the Roman Empire's Crisis of the Third Century (235–284) to the early Muslim conquests (622–750), or as roughly contemporary with the Sasanian Empire (224–651). In the West its end was earlier, with the start of the Early Middle Ages typically placed in the 6th century, or earlier on the edges of the Western Roman Empire. The Roman Empire underwent considerable social, cultural and organizational changes starting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stoics
Stoicism is a school of Hellenistic philosophy founded by Zeno of Citium in Athens in the early 3rd century BCE. It is a philosophy of personal virtue ethics informed by its system of logic and its views on the natural world, asserting that the practice of virtue is both necessary and sufficient to achieve (happiness, ): one flourishes by living an ethical life. The Stoics identified the path to with a life spent practicing the cardinal virtues and living in accordance with nature. The Stoics are especially known for teaching that "virtue is the only good" for human beings, and that external things, such as health, wealth, and pleasure, are not good or called in themselves ('' adiaphora'') but have value as "material for virtue to act upon". Alongside Aristotelian ethics, the Stoic tradition forms one of the major founding approaches to virtue ethics. The Stoics also held that certain destructive emotions resulted from errors of judgment, and they believed people shou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeremy Bentham
Jeremy Bentham (; 15 February 1748 Old_Style_and_New_Style_dates">O.S._4_February_1747.html" ;"title="Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747">Old_Style_and_New_Style_dates.html" ;"title="nowiki/>Old Style and New Style dates">O.S. 4 February 1747ref name="Johnson2012" /> – 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-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated 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 decriminalising of homos ... [...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-tre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Instrument
Legal instrument is a 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 certificate, deed, bond, contract, will, legislative act, notarial act, court writ or process, or any law passed by a competent legislative body in municipal (domestic) or international law. Many legal instruments were written ''under seal'' by affixing a wax or paper seal to the document in evidence of its legal execution and 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 order to give them legal effect. Electronic legal documents With the onset of the Internet and elect ... [...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 rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as Resolution 217 during 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 abstained, and two did not vote. A foundational text in the 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. Adopted as a "common standard of achievement for all peoples and all nations", the UDHR commits nations to recognize all humans as being "born free and equal in dignity and rights" regardless of "nationa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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