Class notes
Human Rights
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Notes and summaries of readings covered in class, divided by authors and documents
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HUMAN RIGHTS AND POLITICAL THOUGHTSDocument Author Date Place Movement/ Relevant Details
Tradition
Antigone Sophocles 441 B.C. Greece Natural Law - Creon → Positivism
(Hobbes)
Tradition - Antigone → Divine Law
- Isemnes → Liberalism
Do you follow the law out of
respect or out of fear?
Leviathan Thomas 1651 England Positivism
Hobbes and
Absolutism
Second Treatise of John Locke 1689 England Liberalism - English Civil War &
Glorious Revolution
Government - The state of Nature →
naturally inclined to
live in the political
community
- rights → we are all
equal
- natural rights
- “life, liberty
and property”
- Civil Law = Natural Law
- Men renounce their
rights to settle a
common rule, to judge
and penalize.
- human rights should
be implemented into
the law
The Spirit of the Laws Montesquieu 1748 France Liberalism - Liberalism → law
permits everything
- liberty is the
right to do
everything
law permits
- political
liberty in no
way consists
in doing what
one wnats
- contrary to Absolutism
(Hobbes)
- Separation of Powers
- Legislative → creates
and makes laws
- Executive → punishes
the law enforces the
law and establishes
security
- Judicial → judge
according to the law
-
English Bill of Rights English 1689 England --- - established
constitutional
Parliament emergence monarchy
of the new - related documents &
, modern events
- magna carta
state - english civil
war
- glorious
revolution
US Constitution US 1787 US --- - establishes layout for
government
Government emergence - related documents
American Declaration 1776 of the new and events
of Independence modern - The American
Declaration of
state Independenc
Bill of Rights 1791 e→
Independenc
e from Britain
- American
Revolutionary
war
- Bill of Rights
first, ten amendments of the
constitution which establishes
in further detail the rights of
citizens and some
state/government rights
- took inspiration from
Locke and
Montesquieu
The French Declaration French 1789 France --- - attempts to
establishes a new
of Rights of the Man Parliament emergence french republic
and Citizen of the new - relevant historical
modern events
- tennis court
state oath
- french
revolution
Marbury vs Madison US Supreme 1803 US - establishes judicial
review
Court - arguably gives the
judicial branch the
most power
- → when the judges put
an opinion on the law.
they take legislative
power
- relevant details of the
case
- did he have
the right to a
commission?
yes
- did they
afford him a
remedy? yes
- was said
remedy the
writ of
mandamus?
no → judicial
enforcement
and judicial
review
Universal Declaration United 1948 Internationa - established human
rights for every person
of Human Rights Nations l
, on the mere basis of
being a human being
- demands state to
accept these human
rights
Political Philosophy. A David Miller 2003 United establishes the following
definitions
Very Short Kingdom 1. ‘the government of
Introduction (Ch. 1 & 2) the day’ – the group of
people in authority in
any society at a
particular moment
2. The state – the political
institutions through
which authority is
exercised, such as the
cabinet of ministers,
parliament, courts of
law, police, armed
forces, and so forth.
3. Government - “the
whole body of rules,
practices, and
institutions under
whose guidance we
live together in
societies.”
4. Modern state - the
current government
rule which holds
unprecedented power
that not only provides
us with basic
protection but also
regiments us in
various ways by
controlling the way we
make a living,
communicate with
each other, raise our
children. While at the
same time they
provide us with
benefits like
education, healthcare,
roads, houses, parks,
museums, and sports
grounds.
Roe vs Wade US Supreme 1973 US - establishes a new
approach towards
Court human life
- Montesquieu → judge
is the voice of law
- uses amendment 14 as
a right to privacy →
creates confusion
between the right of
mothers life vs the
right of unborn child’s
life
- Locke → every man
born is a holder of
rights
, Unborn Human Life Zambrano 2019 Internationa - further establishes the
definition of human
and Fundamental and l rights and unborn life
Rights; Concluding Saunders - Saunders establishes
Reflections John Finnis these main points
- America is a nation of
abortions on demand
- fundamental
legal/political
documents of
a nation
should preclude such judicial
overreaching by expressing
limiting of the courts
should expressly grant legal
recognition and protection to
the unborn.
Section 3 pages 18-21
- Roe could not be
limited to the abortion
context but had a
deep and important
effect on thinking
about other issues
- failure to
protect
human life in
one area of
law will lead
to failure
elsewhere
- life must be
protected
everywhere
or it is at risk
everywhere.
Section 7
pages 25-26
-
Economic and Social Absjorn Eide 2000-01 Internationa
Rights (Norweigan l
National)
Natural Right and Javier 1990 Spain Natural Law - establishes that the
capacity to hold rights
Natural Law: A Critical Hervada Tradition is a human feature
Introduction, - human rights are
absolute and universal
- every person is a
holder of rights
On Liberty John Stuart 1859 Great Britain Utilitarianis 1. Public and prívate
spheres
Mill m 2. Harm principle
3. Antipaternalismo
Theory of Justice John Rawls 1971 US Liberalism 1. Veil of ignorance
Politics Aristotle S. IV BC Ancient Natural Law 1. Types of monarchies
2. Types of democracies
Greece Tradition 3. Types of oligarchies
4. Origins of political
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