Human Rights: Controversial Topic In The International Law (Research Paper Sample)
Write a 500-750 word (two-three typed, double-spaced pages) research-assignment on the question below.
Research for this Written Assignment should consist of four different sources at the least, preferably external to our textbooks. Be sure to cite – via foot (or end) notes – all contentions, “facts,” and quotes correctly, as befitting our academic context. No precise format, such as MLA or APA, is required; just be sure to consistently use an academically acceptable one.
Using an actual example outside of the United States, compare a “natural Law” approach to human rights (in which these rights are seen as naturally inherent to all human beings) with the “positivist” approach (which states that rights are those specified by law).
Since World War 2, human rights has been a controversial topic in the international law. Before World War 2, human rights was not a concern of international law, it was only concerned about the sovereign states. Individual person were mere objects of international law, they did not have any right nor duties. Additionally, the international law never got concerned about any injustices by nations to their people. However, after the World War 2, jurisprudence began necessitating the international law to be concerned about human rights. Several legal theories exist within the realm of jurisprudence but only two have proved to be influential; natural law and positivism. According to natural law, there exists a moral law beyond human power. This implies that any man-made law should not violate the precepts that have been set by natural law. On the other hand, John Austin’s positivism holds that law and morality are distinct. It does not require man-made law to observe the moral standards for it to be valid. Positivism maintains that the validity of a law is based on the command of the “sovereign” (Altman, 2001). Although it is required that a law should coincide with moral standards, morality does not have anything to do with the validity of a law as a law (Altman, 2001).
Based on the above brief descriptions of the two theories, it is evident that they are at odds. The superiority of one i...
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