Islam and Islam and Human Human Rights IIRights II

Introduction and History of Human Rights Introduction and History of Human Rights

offered by:offered by:Prof. Dr. Muhammad Zia-Ul-HaqProf. Dr. Muhammad Zia-Ul-Haq

Dean FSLDean FSLInternational Islamic University, Islamabad International Islamic University, Islamabad

What is meant to Human Rights What is meant to Human Rights

Human Rights refer to the Human Rights refer to the inherentinherent, , inalienableinalienable and and indivisibleindivisible Rights Rights which every Human being holds by which every Human being holds by virtue of being Human. One can say virtue of being Human. One can say ‘the right one has simply because one ‘the right one has simply because one is human being’.is human being’.

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InherentInherent

Existing as an essential constituent or Existing as an essential constituent or characteristiccharacteristic

Existing as an inseparable part; Existing as an inseparable part; intrinsic;intrinsic;

Involved in the constitution or Involved in the constitution or essentialessential character of something character of something :: belonging by belonging by nature or habit.nature or habit.

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InalienableInalienable

Nontransferable to another or capable of Nontransferable to another or capable of beingbeing rep repudiated: udiated: inalienable rights.inalienable rights.

Natural and legal rightsNatural and legal rights are two types of are two types of rightsrights: : legal rightslegal rights are those bestowed onto a person are those bestowed onto a person by a given by a given legal systemlegal system, while , while natural natural rightsrights are those not contingent upon the laws, are those not contingent upon the laws, customs, or beliefs of any particular culture or customs, or beliefs of any particular culture or government, and therefore universal and government, and therefore universal and inalienable.inalienable.

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IndivisibleIndivisible

Not divisible; not separable into parts; incapable of beinNot divisible; not separable into parts; incapable of being divided: g divided: one one nationnation indivisible. indivisible.

Adjective Adjective Indivisible is defined as something unable to Indivisible is defined as something unable to be divided into equal parts or split.be divided into equal parts or split. An  example  of  indivisible  is  a  friendship  that An  example  of  indivisible  is  a  friendship  that cannot be broken.cannot be broken.

An example of indivisible is the number 3.An example of indivisible is the number 3. Noun Noun The definition of an indivisible is anything that The definition of an indivisible is anything that

cannot be divided into equal parts or split.cannot be divided into equal parts or split. An example of an indivisible is the number 13.An example of an indivisible is the number 13.11/13/1411/13/14

Nature of Rights Nature of Rights These Rights include self-determination, These Rights include self-determination, fundamental freedom, respect, and fundamental freedom, respect, and dignity, social, cultural, political and dignity, social, cultural, political and economic Rights.economic Rights. Human Rights are Human Rights are actually core of the global ethics that is actually core of the global ethics that is discussed by the representatives of the discussed by the representatives of the different cultures. In almost every different cultures. In almost every religion, every culture and every tradition religion, every culture and every tradition we can find description of Human Rights we can find description of Human Rights although way of expression is different. although way of expression is different. 11/13/1411/13/14

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Complication of Concept of ‘Right’Complication of Concept of ‘Right’

Amidst the jurisprudential diversity not only do the sources of human rights provoke dissensions, the nature of the term ‘human rights’ itself has been profoundly complicated. The usage of the word ‘rights’, a ‘chameleon-hued’ term, raises more problems than it aims to address.

Various explanations of Human Rights -IVarious explanations of Human Rights -I

In his exhaustive analysis, Fundamental Legal Conceptions as Applied in Judicial Reasoning Professor Wesley Hohfeld advances the position that the word ‘rights’ has been used to identify the existence of a number of varied relationships.

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Various explanations of Human Rights -IIVarious explanations of Human Rights -II

1-It has sometimes been used in a strict sense, reflecting that the right-holder is entitled to something with a co-relative duty on another person. 2-Equally, the term ‘rights’ has been used to refer to an immunity from having a legal status altered, or 3-To indicate a privilege to do some thing, or 4-A power to create and alter legal relationships.

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Criticism on the application of Hohfeld’s paradigmThe application of Hohfeld’s paradigm of ‘rights’, as has been pointed out by Shestack, raises complex scenarios – its application in international law could be particularly disturbing on the basis of following reasons:

1- Investigating this puzzle, Shestack makes the point that: of immunities meaning that governments cannot derogate from them. But are there any absolute rights? Surely the right to life guaranteed by Article 6(1) of the Covenant would seem to be so basic as to be considered absolute. Yet, Article 6(1) only offers protection against ‘arbitrary’ deprivation of life. What is the effect of this qualification on the nature of the right involved.

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Criticism on the application of Hohfeld’s paradigm

2- When we speak of inalienable rights, what do we mean? Do we mean a right to which no exceptions or limitations are valid? Or do we mean a ‘prima facie’ right with a special burden on the proponent of any defeasance?

3- Or do we mean a principle which must be followed unless some other principle weighty enough to allow abridgement arises? Must considerations which justify an exception be of the same moral category as those that underlie the right?

4- If uncertainty remains as to the nature of fundamental rights, such assume of the civil and political rights [as provided in the International Covenant for Civil and Political Rights] are in the nature

History of Human History of Human Rights(Hammurabi Compilation) Rights(Hammurabi Compilation)

History of documentation of History of documentation of Human rightsHuman rights can can be traced back to the “Code of Hammurabi”, be traced back to the “Code of Hammurabi”, which was issued by King Hammurabi (1750-which was issued by King Hammurabi (1750-1810 BEC). This code contained compilation 1810 BEC). This code contained compilation of early judgments, consisting of contracts & of early judgments, consisting of contracts & punishments for accused.punishments for accused.

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History of Human Rights(Torah History of Human Rights(Torah Commandments ) Commandments )

The Torah, revealed book on Moses (1237-The Torah, revealed book on Moses (1237-1304 BCE) contained 613 commandments; 1304 BCE) contained 613 commandments; amongst these were help for needy and poor, amongst these were help for needy and poor, prohibition on false testimony. prohibition on false testimony.

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History of Human History of Human Rights(Charter of Cyrus )Rights(Charter of Cyrus )

Charter of Cyrus ( 539 BCE) is Charter of Cyrus ( 539 BCE) is considered as first considered as first Human RightsHuman Rights document because word “Rights” was document because word “Rights” was mentioned in it for the first time. This mentioned in it for the first time. This charter comprised of right to choose charter comprised of right to choose religion, forced labor was banned and religion, forced labor was banned and slavery was put to an end.slavery was put to an end.

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History of Human History of Human Rights(Asoka’s edicts)Rights(Asoka’s edicts)

Asoka’s edicts (539BCE) Asoka’s edicts (539BCE) proclaimed respect of proclaimed respect of Human Human RightsRights, prohibition of torture of , prohibition of torture of Humans and animals.Humans and animals.

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History of Human Rights History of Human Rights ( Islamic Tradition)( Islamic Tradition)

Holy Quran is comprehensive Holy Quran is comprehensive Human RightsHuman Rights document. It is the last revealed book of document. It is the last revealed book of Almighty God on Prophet Muhammad; it Almighty God on Prophet Muhammad; it emphasizes on respect of emphasizes on respect of Human RightsHuman Rights and and dignity of whole mankind without discrimination.dignity of whole mankind without discrimination.

Constitution Charter of Medina”, it is the land Constitution Charter of Medina”, it is the land mark in the history of Human Rights which mark in the history of Human Rights which claimed equal rights for all human beings without claimed equal rights for all human beings without discrimination on the basis of sex, race, religion discrimination on the basis of sex, race, religion or nationality.or nationality.11/13/1411/13/14

Charter of liberties & Magna Charter of liberties & Magna Carta Carta

Charter of liberties was issued by king Henry Charter of liberties was issued by king Henry (1068-1135) which proclaimed certain Rights (1068-1135) which proclaimed certain Rights to church officials like to purchase church to church officials like to purchase church positions was prohibited and nobles were positions was prohibited and nobles were granted freedom from taxation.granted freedom from taxation.

Magna CartaMagna Carta (1215) was great charter of (1215) was great charter of freedom. It was the first document forced on freedom. It was the first document forced on an English King John by group of his barons. an English King John by group of his barons.

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Magna CartaMagna Carta After the death of King Richard (1157-1199) After the death of King Richard (1157-1199)

his younger brother king John (1166-1216) his younger brother king John (1166-1216) became king and this document was signed became king and this document was signed under duress by King John, and this document under duress by King John, and this document placed king on equal footing with nobles as a placed king on equal footing with nobles as a result king, swore to respect the baronial power. result king, swore to respect the baronial power. They actually attempted to limit the power of They actually attempted to limit the power of the king. This document paved the way for the the king. This document paved the way for the formation of US constitution and for formation of US constitution and for documentation of Human Rights for various documentation of Human Rights for various states.states.

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Petition of Rights (1628)& Peace of West Petition of Rights (1628)& Peace of West Phalia (1648) Phalia (1648)

Petition of Rights (1628) extended certain Petition of Rights (1628) extended certain Rights to the common people which were Rights to the common people which were limited to the nobles although this petition was limited to the nobles although this petition was accepted theoretically but could not get its accepted theoretically but could not get its place in practical sphere. place in practical sphere.

Peace of West Phalia (1648) it spoke for Peace of West Phalia (1648) it spoke for practical Influence on the European countries practical Influence on the European countries and important clause was determination of and important clause was determination of state religion by the state administrative state religion by the state administrative without foreign interference.without foreign interference.11/13/1411/13/14

English Bill of Rights (1689)English Bill of Rights (1689)

English Bill of Rights (1689) stated that no English Bill of Rights (1689) stated that no catholic could become King and it consisted of catholic could become King and it consisted of provisions stating that freedom and parliament provisions stating that freedom and parliament were considered superior in law making. The were considered superior in law making. The first modern use of the term “rights” to first modern use of the term “rights” to designate a legal status – that is, to designate designate a legal status – that is, to designate something enforceable under law – can also be something enforceable under law – can also be found in the English Bill of Rights of 1688. found in the English Bill of Rights of 1688.

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US Constitution and Bill of Rights US Constitution and Bill of Rights

While another important document for While another important document for the Human Rights was American the Human Rights was American Constitution (1787), it emphasized on the Constitution (1787), it emphasized on the establishment of stronger central establishment of stronger central government.government.

American Bill of Rights (1791) focused American Bill of Rights (1791) focused on the freedom of religion, press, on the freedom of religion, press, assembly, assembly, herbeau’s corpusherbeau’s corpus and and prohibition of cruel punishment.prohibition of cruel punishment.

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Early Modern Concepts of Natural Early Modern Concepts of Natural Rights Rights

By 1779 Thomas Jefferson had turned By 1779 Thomas Jefferson had turned this political/legal/philosophical notion this political/legal/philosophical notion into a cornerstone concept of the nascent into a cornerstone concept of the nascent American Republic: “We hold these American Republic: “We hold these truths to be self-evident, that all men are truths to be self-evident, that all men are created equal; that they are endowed by created equal; that they are endowed by their Creator with certain inalienable their Creator with certain inalienable rights; that amongst these are life, liberty, rights; that amongst these are life, liberty, and the pursuit of happiness.”and the pursuit of happiness.”

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Early Modern Concepts of Natural Early Modern Concepts of Natural RightsRights

To this view of the origin of rights, Alexander To this view of the origin of rights, Alexander Hamilton added in 1787: “The sacred rights of Hamilton added in 1787: “The sacred rights of mankind are not to be rummaged for amongst mankind are not to be rummaged for amongst old parchments or musty records. They are old parchments or musty records. They are written, as with a sunbeam, in the whole written, as with a sunbeam, in the whole volume of human nature by the hand of volume of human nature by the hand of divinity itself, and can never be erased or divinity itself, and can never be erased or obscured. obscured.

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Critics of Early Modern Concepts of Critics of Early Modern Concepts of Natural RightsNatural Rights

However, these pious underpinnings to early However, these pious underpinnings to early American “rights” talk carried the early seed of the American “rights” talk carried the early seed of the danger of identifying state ends with God’s ends, an danger of identifying state ends with God’s ends, an identification which not only suffers from hubris and identification which not only suffers from hubris and the epistemological problem of whether humans can the epistemological problem of whether humans can ever actually know with certainty what God intends, ever actually know with certainty what God intends, but also has more recently run headlong into the but also has more recently run headlong into the claim that the contemporary United States is a claim that the contemporary United States is a pluralistic nation, a nation with sizable populations of pluralistic nation, a nation with sizable populations of both religious and non-religious citizens who do not both religious and non-religious citizens who do not believe in the God of the Judeo-Christian tradition. believe in the God of the Judeo-Christian tradition.

French Revolution and Human Rights-I French Revolution and Human Rights-I

The French people overthrew their ancient The French people overthrew their ancient government in 1789. They took as their slogan the government in 1789. They took as their slogan the famous phrasefamous phrase"Liberte, Egalite, Fraternite"Liberte, Egalite, Fraternite"--"--Liberty, Equality, Fraternity. Equality, or doing Liberty, Equality, Fraternity. Equality, or doing away with privilege, was the most important part away with privilege, was the most important part of the slogan to the French revolutionists. For of the slogan to the French revolutionists. For equality they were willing to sacrifice their equality they were willing to sacrifice their political liberty. They did this when they accepted political liberty. They did this when they accepted the rule of Napoleon I. Fraternity, or brotherhood the rule of Napoleon I. Fraternity, or brotherhood with all men, was also sacrificed. However, they with all men, was also sacrificed. However, they did win equality before the law.did win equality before the law.

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French Revolution and Human Rights-II French Revolution and Human Rights-II

The efforts for constitution making The efforts for constitution making was finally finished in 1791. Nobility was finally finished in 1791. Nobility was abolished. France was made a was abolished. France was made a limited monarchy, with a one-house limited monarchy, with a one-house legislature. The immortal part of the legislature. The immortal part of the document was the Declaration of the document was the Declaration of the Rights of Man.Rights of Man.

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Declaration of the Rights of Man.Declaration of the Rights of Man.

The Declaration of the Rights of Man The Declaration of the Rights of Man came to be regarded as the charter of came to be regarded as the charter of democracy. The equality of all men in democracy. The equality of all men in the eyes of the law is its essence. the eyes of the law is its essence. Property was inviolable, for the chief Property was inviolable, for the chief supporters of the new order owned supporters of the new order owned property or desired to own it.property or desired to own it.

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Declaration of the Rights of ManDeclaration of the Rights of Man

1. All men were born free with equal rights.1. All men were born free with equal rights. 2. All citizens have the right to take part in 2. All citizens have the right to take part in

electing representatives to make the laws.electing representatives to make the laws. 3. Every person shall be free to speak, write, 3. Every person shall be free to speak, write,

or print his opinions provided he does not or print his opinions provided he does not abuse this privilege.abuse this privilege.

4. The amount of taxes which a person is 4. The amount of taxes which a person is called upon to pay shall be based on the called upon to pay shall be based on the amount of wealth that he possesses.amount of wealth that he possesses.

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Significance of The French Revolution-ISignificance of The French Revolution-I

The French Revolution, as evidenced by the The French Revolution, as evidenced by the Napoleonic dictatorship which it produced, Napoleonic dictatorship which it produced, was an immediate failure; for France at the was an immediate failure; for France at the turn of the nineteenth century, had secured turn of the nineteenth century, had secured neither liberty, nor equality, nor fraternity. neither liberty, nor equality, nor fraternity. Most discouraging was the realization that Most discouraging was the realization that the Revolution had betrayed its own ideals, the Revolution had betrayed its own ideals, leaving the French people cynical and leaving the French people cynical and disillusioned.disillusioned.

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Significance Of The French Revolution-IISignificance Of The French Revolution-II

The Revolution, nevertheless, had brought The Revolution, nevertheless, had brought great changes. It had abolished serfdom and great changes. It had abolished serfdom and feudal privileges, created a uniform system feudal privileges, created a uniform system of local government, laid the groundwork of local government, laid the groundwork for a national education system, started for a national education system, started legal reforms that would culminate in the legal reforms that would culminate in the great Napoleonic Code, abolished slavery in great Napoleonic Code, abolished slavery in the colonies, and established the the colonies, and established the standardized metric system. standardized metric system.

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Jeremy Bentham’s theory Jeremy Bentham’s theory Moreover, as the British philosopher Jeremy Moreover, as the British philosopher Jeremy

Bentham said in the nineteenth century: “When I hear Bentham said in the nineteenth century: “When I hear of natural rights, I always see in the background a of natural rights, I always see in the background a cluster of daggers and pikes introduced into the cluster of daggers and pikes introduced into the National Assembly…for the avowed purpose of National Assembly…for the avowed purpose of extermination of the King’s friends.” It is all too easy extermination of the King’s friends.” It is all too easy to use talk of “rights” as a cudgel against others, to use talk of “rights” as a cudgel against others, either to upset or to sustain the status quo. And of either to upset or to sustain the status quo. And of course even in the early American Republic, the course even in the early American Republic, the “inalienable” rights of all men as created equal did “inalienable” rights of all men as created equal did not apply to slaves in America or to American not apply to slaves in America or to American women.women.

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Critics of Early Modern Concepts of Critics of Early Modern Concepts of Human RightsHuman Rights

The force of Bentham’s arguments was partly The force of Bentham’s arguments was partly responsible for “natural rights” falling out of responsible for “natural rights” falling out of fashion in the nineteenth century and the first fashion in the nineteenth century and the first half of the twentieth century. When they half of the twentieth century. When they returned, it would be as “returned, it would be as “human human rights” rather rights” rather than “natural rights”, sourced in the nature of than “natural rights”, sourced in the nature of humans rather than in the laws of God or the humans rather than in the laws of God or the seasons seasons

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Natural Rights to Human Rights Natural Rights to Human Rights As Geoffrey Robertson observes in As Geoffrey Robertson observes in Crimes Against Crimes Against

Humanity: The Struggle for Global Justice Humanity: The Struggle for Global Justice regarding regarding these earlier attempts to give a metaphysical these earlier attempts to give a metaphysical grounding to the notion of rights: “Natural rights” grounding to the notion of rights: “Natural rights” were of uncertain provenance: if from God, their were of uncertain provenance: if from God, their content (apart from biblical injunctions) was content (apart from biblical injunctions) was unknowable; if from “nature” they were improvable unknowable; if from “nature” they were improvable and unpredictable. Moreover, “The force of this early and unpredictable. Moreover, “The force of this early critique [also] led Marxist thinkers in the next century critique [also] led Marxist thinkers in the next century to characterize human rights as a device to to characterize human rights as a device to universalize capitalist values, notably freedom of universalize capitalist values, notably freedom of enterprise without social responsibility.” enterprise without social responsibility.”

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Natural Rights to Human RightsNatural Rights to Human Rights After the disheartening world disaster of the “war to After the disheartening world disaster of the “war to

end all wars” and the rise of the Axis powers only end all wars” and the rise of the Axis powers only two decades later in the 1930s, Robertson suggests: two decades later in the 1930s, Robertson suggests: The revival of the human rights idea in the twentieth The revival of the human rights idea in the twentieth century really began at the instigation and inspiration century really began at the instigation and inspiration of the British author H.G. Wells, in the months of the British author H.G. Wells, in the months immediately following the declaration of the Second immediately following the declaration of the Second World War. It can be traced to letters he wrote to World War. It can be traced to letters he wrote to The The Times Times in October 1939, advocating the adoption by in October 1939, advocating the adoption by “parliamentary peoples” of a Declaration of Rights – “parliamentary peoples” of a Declaration of Rights – a fundamental law defining their rights in a a fundamental law defining their rights in a democracy and drafted to appeal “to every spirit democracy and drafted to appeal “to every spirit under the yoke of the obscurantist and totalitarian under the yoke of the obscurantist and totalitarian tyrannies with which all are in conflict.” tyrannies with which all are in conflict.”

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Natural Rights to Human RightsNatural Rights to Human Rights

This new talk of human rights spread, so that This new talk of human rights spread, so that by the end of the Second World War, the by the end of the Second World War, the victorious Allied Nations were to declare that victorious Allied Nations were to declare that “complete victory over their enemies is “complete victory over their enemies is essential…to preserve human rights and essential…to preserve human rights and justice in their own lands as well as in other justice in their own lands as well as in other lands.” After the horrific slaughter and mass lands.” After the horrific slaughter and mass violation of rights during the Second World violation of rights during the Second World War, the U.S. was one of the leaders in placing War, the U.S. was one of the leaders in placing the language of human rights in the U.N. the language of human rights in the U.N. charter. charter.

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Human Rights in U.N. charterHuman Rights in U.N. charter

The preamble of UNC affirms “faith in fundamental The preamble of UNC affirms “faith in fundamental human rights, in the dignity and worth of the human human rights, in the dignity and worth of the human person, in the equal rights of men and women,” and person, in the equal rights of men and women,” and article I sets out this purpose of the U.N.: “To achieve article I sets out this purpose of the U.N.: “To achieve international co-operation in solving international international co-operation in solving international problems of an economic, social, cultural or problems of an economic, social, cultural or humanitarian character, and in promoting and humanitarian character, and in promoting and encouraging respect for human rights and for encouraging respect for human rights and for fundamental freedoms for all without distinction as to fundamental freedoms for all without distinction as to race, sex, language or religion.” race, sex, language or religion.”

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Universal Declaration of Human Universal Declaration of Human Rights UDHRRights UDHR

In an important further development in this In an important further development in this international support for human rights, the Universal international support for human rights, the Universal Declaration of Human Rights was adopted by the Declaration of Human Rights was adopted by the General Assembly in 1948.10 However, the General Assembly in 1948.10 However, the continued large-scale violation of human rights continued large-scale violation of human rights forced a continual reassessment of these documents forced a continual reassessment of these documents so that a number of specific types of rights needed to so that a number of specific types of rights needed to be more exactly delineated in a series of refinements be more exactly delineated in a series of refinements rooted in the U.N. Charter and the 1948 Declaration. rooted in the U.N. Charter and the 1948 Declaration.

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Conventions and Declarations Conventions and Declarations Related to Human Rights Related to Human Rights

• • 1959 – Declaration of the Rights of the Child1959 – Declaration of the Rights of the Child • • 1963 – Declaration on the Elimination of All Forms of 1963 – Declaration on the Elimination of All Forms of

Racial Discrimination secular and religious ethics Racial Discrimination secular and religious ethics • • 1967 – Declaration on the Elimination of Discrimination 1967 – Declaration on the Elimination of Discrimination

Against Women Against Women • • 1987 – Declaration on the Elimination of All Forms of 1987 – Declaration on the Elimination of All Forms of

Intolerance and of Discrimination Based on Intolerance and of Discrimination Based on Religious Belief Religious Belief

• • 1992 – Declaration on the Rights of Persons Belonging to 1992 – Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic National or Ethnic, Religious and Linguistic Minorities. Minorities.

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Nature of Modern Concept of Nature of Modern Concept of Human Rights Human Rights

This secular conception of rights which has been This secular conception of rights which has been developed in the modern era offers the restrictive developed in the modern era offers the restrictive legal and moral parameter that there should be no legal and moral parameter that there should be no discrimination on the basis of religion. It offers a discrimination on the basis of religion. It offers a protection for religion, but it does not envision a protection for religion, but it does not envision a positive rights role for religion. In view of this, a positive rights role for religion. In view of this, a number of scholars around the world – including number of scholars around the world – including those in the Global Ethics and Religion Forum – those in the Global Ethics and Religion Forum – have worked under the leadership of Arvind have worked under the leadership of Arvind Sharma to produce a counterpart to the 1948 U.N. Sharma to produce a counterpart to the 1948 U.N. Declaration on Human Rights, namely A Universal Declaration on Human Rights, namely A Universal Declaration of Human Rights by the World’s Declaration of Human Rights by the World’s Religions. Religions.

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Nature of Modern Concept of Nature of Modern Concept of Human RightsHuman Rights

The purpose of the framers of the latter document The purpose of the framers of the latter document is neither to circumvent nor to counter the 1948 is neither to circumvent nor to counter the 1948 U.N. Declaration (and the refinements in U.N. Declaration (and the refinements in subsequent declarations), but to enhance subsequent declarations), but to enhance Runzo, Runzo, secular rights and religious responsibilities the secular rights and religious responsibilities the moral force and broaden both the appeal and the moral force and broaden both the appeal and the preview of the 1948 Declaration. This raises the preview of the 1948 Declaration. This raises the question of the proper relationship between question of the proper relationship between religion and morality regarding questions of religion and morality regarding questions of rights, i.e. the proper relationship between the rights, i.e. the proper relationship between the religious point of view and the moral point of view.religious point of view and the moral point of view.

Positive School of Law-IPositive School of Law-I

Positivism is a system of Philosophy elaborated by Auguste Positivism is a system of Philosophy elaborated by Auguste Comte(1798-1857)which recognize only positive facts and Comte(1798-1857)which recognize only positive facts and observable phenomena, with the objective relations of observable phenomena, with the objective relations of these and the Laws which determine them, abounding all these and the Laws which determine them, abounding all inquiry into causes or ultimate origins. Some positivists inquiry into causes or ultimate origins. Some positivists held that the only true Law “Positive” law must be the held that the only true Law “Positive” law must be the result of some extremely recognizable procedure. result of some extremely recognizable procedure.

Three stages of development of human thinking:Three stages of development of human thinking:1-Theological stage.1-Theological stage.2-Metaphysiacl Stage.2-Metaphysiacl Stage.3-Positive stage.3-Positive stage.

Positive School of Law-IIPositive School of Law-II

A distinctively modern claim that any student of the subject will encounter almost immediately is the insistence that a systematic and rigorous analysis of the law requires ‘the separation of law and morality’. This is frequently referred to as ‘the separation thesis’, and it is generally held to be the defining characteristic of legal positivism.

Relationship between Morality & Relationship between Morality & LawLaw

This school believes that rules of Law are the will of the state. This school believes that rules of Law are the will of the state. According to them, Law can in logic be reduced to a system of According to them, Law can in logic be reduced to a system of rules depending for their validity only the facts that states have rules depending for their validity only the facts that states have consented to them. consented to them. Despite its apparent clarity, this thesis has been the source of much confusion and dispute. What does it mean to say that the law and morality are separate, that the law is one thing and morality is another? Before we proceed with the analysis of the various perspectives on law, it will be helpful to consider some ways in which law and morality appear to intersect and overlap, and other ways in which they clearly diverge.

Relationship between Morality & Relationship between Morality & Law Law

Within the present-day common law jurisdictions, there is a general expectation that the written law and legal judgment will at least roughly approximate to prevailing moral values and moral judgments. A victim of a fraudulent contract or a libel, for example, seeks legal redress in the expectation that the court will adjudicate in the same manner as would any

fair-minded individual independently of the legal context. In this respect, it seems that morality and the law have a common purpose.

Relationship between Morality & Relationship between Morality & LawLaw

Similarly, the system of criminal justice is expected to reflect popular norms of approval and disapproval. The primary function of the criminal law is commonly taken to be the protection of people from those who threaten or violate the interests of others. The most characteristic criminal offences are those that are commonly regarded as morally wrong: assault, murder, theft, burglary, fraud, criminal damage, and so on. In this respect also, it seems that the law is no more than the enforcement of a moral code, distinguishing right from wrong in much the same way. In short, if it is wrong, it must be illegal; if it is legal, it must be morally required or at least morally acceptable. To the extent that this is true, it can be said that there is a large area of overlap between morality and the law.

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Jurisprudence of Human Rights Jurisprudence of Human Rights A simplified construction of ‘human rights’ – though

highly desirable does not record the conceptual and jurisprudential difficulties inherent in the concept. Establishing a unified jurisprudential base for ‘human rights’ raises profound moral, ethical, philosophical and legal questions. The genesis of human rights law remains contentious: natural lawyers, positivists, utilitarian and relativists have all laid claims to it. In the development of international human rights law the pervading influence has been that of ‘natural law’ – a philosophy heavily influenced by Greek mythology and Judeo-Christian scriptures. In its pristine form, natural law relies upon the commandments of God as immutable and unalterable laws of nature.

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Jurisprudence of Human RightsJurisprudence of Human Rights During the seventeenth century, attempts were made to

detach natural law from religion per se and associate the concept with reason, logic and rationality. Thus Hugo Grotius, the father of modern international law, envisioned natural law as the ‘dictate of right reason which points out that an act, according as it is or is not in conformity with rational nature, has in it a quality of moral baseness or moral necessity’. Notwithstanding that ‘reason’, ‘rationality’ and ‘just cause’ are its cornerstones, natural law theorists fail to articulate a catalogue of rights that is compatible with modern paradigms of human rights. Natural lawyers continue to express misgivings over such controversial issues as abortion, e–euthanasia(mercy killing) and the abolition of capital punishment.

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Jurisprudence of Human RightsJurisprudence of Human Rights

Despite criticisms, alternative theorists – for example those campaigning for utilitarianism or positivism – have themselves failed to comprehensively and coherently provide a rationale for human rights. In their emphasis upon the role of legal systems as administered by sovereign States, legal positivists deny an a priori source of rights. For these positivists, there is no legitimacy in the moral argumentation of what law ‘ought’ to be. As a dictate of the sovereign, laws have to be obeyed regardless of their iniquitous nature or disregard for human rights values.

Human Rights and World ReligionHuman Rights and World Religion(Hinduism)(Hinduism)

Origin of Human Rights can be traced back in Origin of Human Rights can be traced back in ancient religions, almost every religion talked about ancient religions, almost every religion talked about the Rights to an extent.the Rights to an extent.

In Hinduism, old codified scriptures emphasized on In Hinduism, old codified scriptures emphasized on the ethical principle of “non-injury to others”, and the ethical principle of “non-injury to others”, and one should help hungry and give relief to sick and one should help hungry and give relief to sick and homeless person. Great Human Rights advocate in homeless person. Great Human Rights advocate in Hinduism was Krishna Chaitanya (1478-1533) and Hinduism was Krishna Chaitanya (1478-1533) and Mahatma Gandhi (1869-1948) and their principal Mahatma Gandhi (1869-1948) and their principal message was legal equality, self determination and message was legal equality, self determination and non-violence.non-violence.

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Human Rights and World ReligionHuman Rights and World Religion(Buddhism)(Buddhism)

In Buddhism, main focus was on the respect for In Buddhism, main focus was on the respect for all and to help needy and suffering people. all and to help needy and suffering people. Human Rights advocate in Buddhism was Human Rights advocate in Buddhism was Siddhartha Gautama(C 404-434 BCE) and his Siddhartha Gautama(C 404-434 BCE) and his message was free speech and religious freedom message was free speech and religious freedom and help of needy people. Buddhism is based and help of needy people. Buddhism is based on the fact that all human beings have duties to on the fact that all human beings have duties to the God as well as to one another. the God as well as to one another.

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Human Rights and World ReligionHuman Rights and World Religion(Judaism and Christianity)(Judaism and Christianity)

Principal message given by Moses (C 1304-Principal message given by Moses (C 1304-1237 BCE) was self determination and 1237 BCE) was self determination and proportional punishment.proportional punishment.

In Christianity, Jesus’ principal message was In Christianity, Jesus’ principal message was freedom of thought, to extend the help of freedom of thought, to extend the help of needy people.needy people.

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