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history of human rights - law in action
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law in action lecture notes - history of human rights
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Thursday, 28 November 2019A short history of human rights
Law in Action
Where to begin?
- Aristotle: (Ancient Greece) Natural moral order, basis for rational system of justice
- Roman stoics: Cicero & Seneca.
- Magna Carta (1215): rst bill of rights
- ‘Glorious Revolution’ Bill of rights (1689)
- Habeas Corpus Act (1679)
17th Century Enlightenment thinkers:
- Why long gap = 2 opposing views:
- Denial of Human Rights: Thomas Hobbes.
- Granting of human rights: John Locke.
Why so late?
- Rulers will take care of their subjects (paternalism). Idea there needs to be a strong ruler who is
your protector and therefore you will be safe.
- No International institution with monitoring function
- Recognition at national level before international level
Protection through denial of human rights:
- Ruler protects the citizen from any con ict or violence (assumes great trust in people of the ruler)
- France: Jean Bodin (1530-1596)
- England: Thomas Hobbes (1588-1679)
- Sovereign (Leviathan) has absolute power
- State of nature: homo homini lupus
- Sovereign guarantees peace and tolerance
Protecting through granting of human rights:
- John Locke (1632 - 1704)
- 2 treaties of Government 1690:
- Men are ‘by nature all free, equal, and independent
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