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The relationship between justice or rights - Essay Example

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According to the Declaration of Independence of the United States (1776), human beings are born with inalienable rights and these should not be violated. …
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The relationship between justice or rights
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Download file to see previous pages It can be noted that there is a correlation between the concepts of rights and law. As such, this paper seeks to critically analyse the relationship between rights and law. It starts by defining these two concepts in order to get a full understanding of their meanings. The main part of the paper discusses the theoretical framework underpinning these two concepts. Human rights are literally the rights that one has simply because he or she is human. Donnely (1998, p. 3) posits to the effect that “human rights, because they rest on nothing more than being human being, are universal, equal and inalienable. This means that everyone is entitled to human rights and is empowered by them regardless of creed or belief. Theoretically, Joel Feinberg: “To have a right is to have a claim to something and against someone, the recognition of which is called for by legal rules or, in the case of moral rights, by the principles of an enlightened conscience,” (1980 p. 159-160). Human beings should be treated as equal and their rights should not be violated by others. As going to be discussed in detail below, there are various institutions that are mainly concerned with protecting the rights of people in different countries. ...
Thus, in different countries, respective governments lay down binding regulations that form the law of the land as enshrined in the constitution (Muller et al, 2007). As such different cases are reported to different courts and these have the power to settle issues that may exist among different people in the society. The law also stipulates that all the accused persons have the right to fair trial and they are innocent until they are proven guilty by the court. In most cases, the law is specifically meant to regulate the behaviour of different people in their societies. From the above explanations, it can be seen that there is a close relationship between the concepts of rights and law. In as far as the concept of rights is concerned, John Locke’s Second Treatise Government 1776 posits to the effect that individuals have natural rights to their lives, liberties and estates (Donnelly, 1998). In the absence of government, these rights are of little value. Therefore, the government has a responsibility to ensure that the rights of the people are protected. The existence of the government and people’s rights are complimentary as they are designed to serve the interests of the people. The government is an institution that has the power to enact laws that guide the behaviour of the people in their respective countries in order to ensure that there is peace and harmony among the people. In essence, the existence of the government is mainly concerned with protection of people’s rights so that they are not violated. It can be noted that there is a close link between the concepts of law and rights. According to Locke’s philosophy of inalienable rights among the people, the government is based on social contract between the rulers and the ruled (Tackach, ...Download file to see next pagesRead More
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