Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
In the 19th century, the idea and definition of rights was extended by calls for social and economic rights that came on the tail of rapid industrialization. This new era of rights was based upon the utilitarian idea of obtaining the greatest good for the greatest number of people. This included a discussion of property ownership, both private and common, and the ideas of public of rights and private responsibility (Nuncio).
By the 21st-century, the idea of rights has been transformed into a global political order based on constitutionalism and positive legalism. In a climate that supported the international will to maintain peace, the world's nations largely adopted a single agreement to ensure such rights. This agreement, the United Nation's Universal Declaration of Human Rights, was adopted in December of 1948 (Nuncio). This Declaration included provisions for both rights of nations, and the rights of individuals (Human Rights Web; a Summary). Declaration to upon the fundamental philosophical idea that there is each really universal moral code that is applicable across nations and cultures (Fagan). Notes Fagan, this universal moral order is based on a "legitimacy (that) precedes contingent social and historical conditions and applies to all human beings everywhere and at all times."
In 1976, the Universal Declaration of Human Rights became international law, after being ratified by 35 states. This marked and new and unprecedented move in legislating rights in the international arena (Human Rights Web; a Summary). Today, international human rights tribunals commonly attempt to ascertain whether governments or individuals have violated this Declaration, and have the power to assess penalties for such violations.
Today, the discussion of rights continues within the philosophical community. Contemporary philosophers like Rawls argue that several principles of justice are self evident, while Frohich argues that the principles, as outlined by Rawls, actually have little support (Sened).
Interestingly, Sened takes a fundamentally different approach to the origin of rights. He argues that the rights that we enjoy in modern society do not have their real basis in fundamental principles of justice, as we often assume. Instead, he argues that such rights "evolved as institutional remedies to social dilemmas arising from complex interactions among agents and authorities in society" (p. 12). Thus, Sened feels that individual and property rights have their origin in economic and political institutions, rather than in moral principles that are self evident (Sened).
In conclusion, our modern ideas of both the human rights and property rights have long legal and philosophical background. Our modern understanding of universal human rights, as well as our understanding of our legal rights, comes from great thinkers such as Hobbes and Locke, who created the philosophical basis for the idea of natural rights. Essentially, our right to have rights is based upon the acceptance of the idea of universal human rights that underlie documents such as the Universal Declaration of Human Rights. In contrast, some philosophers, such as Sened, have argued that the origin of rights is based upon economic and political institutions, rather than moral basis. Nonetheless, our current understanding of human and legal rights is based more closely upon moral reasoning rather than upon more pragmatic explanations such as those of Sened.
Fagan, Andrew. Human Rights. in: The Internet Encyclopedia of Philosophy, James Fieser, Ph.D., and Bradley Dowden, Ph.D., eds, 2004. 13 October 2004. http://www.iep.utm.edu/h/hum-rts.htm
Human Rights Web. A Summary of United Nations Agreements on Human Rights, 1997. Last edited on January 25, 1997. 13 October 2004. http://www.hrweb.org/legal/undocs.html
Human Rights Web. Short History of the Human Rights Movement, 1997. Last edited on January 25, 1997. 13 October 2004. http://www.hrweb.org/history.html
Nuncio, Rhod V., Prof. An ESSAY on the POWER DISCOURSE of RIGHTS: The History, Politics and End of Human Rights. Diwatao, Vol. 1 No. 1, 2001. 13 October 2004. http://www.geocities.com/philodept/diwatao/rights_discourse.htm
Prussen-Razzano, Linda a. The Declaration philosophy - Part I: The origins of rights. Enter Stage Right, web posted June 16, 2003. 14 October 2004. http://www.enterstageright.com/archive/articles/0603/0603decphil1.htm
Prussen-Razzano, Linda a. The Declaration Philosophy - Part II: The nature of rights. Enter Stage Right, web posted June 30, 2003. 14 October 2004. If Sened, Itai. The Political Institution of Private Property. Cambridge Press, 1997.[continue]
"Origin Of Rights In Today's" (2004, October 15) Retrieved October 27, 2016, from http://www.paperdue.com/essay/origin-of-rights-in-today-57591
"Origin Of Rights In Today's" 15 October 2004. Web.27 October. 2016. <http://www.paperdue.com/essay/origin-of-rights-in-today-57591>
"Origin Of Rights In Today's", 15 October 2004, Accessed.27 October. 2016, http://www.paperdue.com/essay/origin-of-rights-in-today-57591
People everywhere wish to rationally use, rather than misuse their lives. Were I to have unlimited expense, I would absorb much personal research into investigating and creating an insightful, practical, and scientifically based theory of human behavior (based on, although not necessarily limited to integration of cognitive psychology / sociology of knowledge / epistemology / sociology of brainwashing -- but certainly multi-disciplinary). This cognitive model would present a new
difficult for today's college students to imagine, but a generation ago, writing an undergraduate research paper involved at least one prolonged visit to a bricks-and-mortar library. The student would consult the printed tome titled Guide to Periodicals and follow up with a search of periodical backfiles. It was often a tedious and time-consuming way to work, and it could be frustrating if the journals needed were not part of
In addition, both governments and churches began to grow suspicious of the group, probably because of the "organization's secrecy and liberal religious beliefs" (Watson, 2009). As a result, Portugal and France banned Freemasonry; in fact, it was a capital offense to be a Freemason in Portugal (Watson, 2009). Moreover, "Pope Clement XII forbade Catholics from becoming Freemasons on penalty of excommunication" (Watson, 2009). Feeling pressure in Europe, many Freemasons
Communicating in Today's Workplace Workplace Communication Communicating in Today's Workplace Communicating in Today's Workplace "the single biggest problem in communication is the illusion that it has taken place." George Bernard Shaw Communication is essential to every organization for it to function effectively. And as Shaw observes, effective communication can be challenging, particularly in today's workplace. Communication is required to increase efficiency, satisfy customers, improve quality, and create innovative products and services. Communication links everyone together and
Technology in the Classroom In today's society, technology has become an accepted medium for communication. From email correspondence that has taken the place of mail, to texting instead of talking, advances in technology have become integrated into our daily lives. However, the line should be drawn when it comes to technology impeding academics and being incorporated into the classroom. Although many support the notion of technology in the class, others see
Origin of HIV The mystery of HIV and its origins is one that cannot be easily solved. In the thirty-odd years which have passed since the official recognition of AIDS by the CDC and the subsequent search for its cause, various theories have been floated regarding its nature, its development, its ability to adapt, our ability to combat it, and -- most importantly for some -- its origin. How did the
Rights of the Accused The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause