Can we have the rule of law without any concept of human rights?

?

Competing Theories

> Univeralist

>culturally relativist

Universalist

  • there is a set of principles which create binding obligations for us all where and whoever we are.
  • these principles tell us how we ought to behave. (normative)
  • these normative principles create universally enforceable human rights.
  • shares democratic views
  • certain fundemental rights apply to everyone

Culturally relativist

  • rights are whatever the authorities in any particular state says they are.
  • rights are entirely defined by the society from which they emerge.
  • Each society sets its own norms.
  • nobody outside the society has the right to judge the adequacy of the rights a society gives to its members.
  • our rights depend on what the state needs
  • in this society people should be prepared to experience reduction of privacy due to preventing terrorism.
  • restricts peoples rights to protect the rights of others
  • restricts freedom of expression
  • narrow pathway (mindset), clear perspective of what the perfect society is.

  Two theory approaches to the

Comments

No comments have yet been made