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Contemporary Human Rights Issues: Global Prospectives

Education

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Description

The foundations of the modern human rights discourse can be traced back to the natural law tradition and its heritage from classical antiquity. Mamta Rao, holds that ‘the genesis of human rights is the utopian concept of natural rights traceable from the days of the Greeks or even earlier’ . They rest upon moral universalism and the belief in the existence of a truly universal moral community comprising all human beings. 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 Plato, Aristotle and the Stoics. Plato developed one of the earliest universal ethical standards by separating good and evil, truth and untruth, and just and unjust. For Plato, community can be formed by linking human rationality and the nature of the good, found in the soul. 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. In distinguishing between ‘natural justice’ and ‘legal justice’, Aristotle means the natural is that which has the same validity everywhere and does not depend upon acceptance. Thus, the criteria for determining a truly rational system of justice pre-exist social and historical conventions. ‘Natural justice’ pre-exists specific social and political configurations. The means for determining the form and content of natural justice is the exercise of reason free from the distorting effects of mere prejudice or desire. This basic idea was similarly expressed by the Roman Stoics, such as Cicero and Seneca, who argued that morality originated in the rational will of God and the existence of a cosmic city from which one could discern a natural, moral law whose authority transcended all local legal codes. The Stoics’ argued that this ethically universal code imposed upon all of us a duty to obey the will of God.

Product Specifications

Format: paperback
ASIN: B089M1J1F3
Category: Books > Subjects > Reference > Other Reference By Subject > Education
Domain: Amazon UK
Release Date: 06 June 2020
Listed Since: 07 June 2020

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Contemporary Human Rights Issues: Global Prospectives

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