[3], The development of this tradition of natural justice into one of natural law is usually attributed to the Stoics.[4]. Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions. Bentham thought that society was dependent upon people's ability to pursue the greater good, not just the short-term satisfaction of their own desires. Human rights have been defined as The moral doctrine of human rights aims at identifying the fundamental prerequisites for each human being leading a minimally good life. Hobbes asserted natural law as how a rational human, seeking to survive and prosper, would act; the first principle of natural law being to seek peace, in which is self-preservation. x�b```g``�e`a`Xd��π ��l@q����H�;Be��r��/��6��}r�u��M�*�C#�#3�c+�;SzSg8�/p�\ᘽ��A���D"� �B8�^Ң@�֒t�� ���GE�ܸ"$4�.�)nXc�����f%� < )�'1�b��x����0�Q�Y�̀c��#�m�+��-� �A� �M��?́4; q1�S �ď 9tHm endstream endobj 117 0 obj <> endobj 118 0 obj <> endobj 119 0 obj <>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 120 0 obj <> endobj 121 0 obj <> endobj 122 0 obj [/CalRGB<>] endobj 123 0 obj <> endobj 124 0 obj <>stream These producers are formally free to produce what and how much they wish. Most physicians deliberate and make effective decisions about hard moral problems without knowing much or anything about moral theory. 0000001397 00000 n In the case of a claim-right to the fulfilment of a promise, that the promise was made, and thus a duty incurred, will form part of the justification. ^A theory of fundamental human rights must address the following questions in particular: 1. Ok, that's a little morally gray 0000002874 00000 n John Locke incorporated natural law into many of his theories and philosophy, especially in Two Treatises of Government. [40] However, he acknowledged that the simplicity of the Declaration was attractive and feared its ability to undermine social order. 3  Kohlberg extended Piaget's theory, proposing that moral development is a continual process that occurs throughout the lifespan. Rights are also considered to be ethically correct and legitimate given that a large or ruling population endorses them. While the classification of rights into ‘generations’ has the virtue of incorporating communal and collective rights, thereby overcoming the individualist moral theory in which human rights are grounded, it has been criticised for not being historically accurate and for establishing a sharp distinction between all human rights. [52] He acknowledged that it may be desirable to have rights, but “a reason for wishing that a certain right were established, is not that right; want is not supply; hunger is not bread.”[53] To establish rights existed by virtue of laws enacted by a sovereign was logically sound, but to assert rights established by nature was not. In the 17th century Thomas Hobbes founded a contractualist theory of legal positivism beginning from the principle that man in the state of nature, which is to say without a "commonwealth" (a state) is in a state of constant war one with the other and thus in fear of his life and possessions (there being no property nor right without a sovereign to define it). What Marx stood for in the Jewish Question as in his earlier writings more generally was a philosophy of right. In contrast to Locke, Burke did not believe the purpose of government was to protect pre-existing natural rights;[36] he believed “the primitive rights of man undergo such a variety of refractions and reflections, that it becomes absurd to talk of them as if they continued in the simplicity of their original direction.”[32] For Burke it was the government, as a result of long social evolution, that transformed the meaningless natural rights into the practical advantages afforded to citizens.[37]. In this way Burke thought the rights contained in the Declaration would lead to “the antagonist world of madness, discord, vice, confusion, and unavailing sorrow.”[32], The 18th-century Utilitarian philosopher Jeremy Bentham criticised the Declaration of the Rights of Man and of the Citizen in his text Anarchical Fallacies. British sociologist Robert Fine claims that the key to Marx's argument was to rebut the radicalism Bauer espoused: a radicalism that not only denied the rights of Jews but at once trashed the rights of man and citizen as such. [64] For MacIntyre, the result was a collection of moral stances, each claiming to have a rational justification and each disputing the findings of the rival notions. 0000001115 00000 n A Theory of Human Rights Freedom is the goal rather than the ground of human rights. For instance, naturalrights are the sub-class of moral rights that humans have because oftheir nature. [9], The term "human rights" has replaced the term "natural rights" in popularity, because the rights are less and less frequently seen as requiring natural law for their existence. 3. Fine believes what Marx stood against was a spiritless radicalism that revealed its inhumanity not only through its hostility to Jews but also through its hostility to the idea of right." H�tV�r�@��W�2�GR|�I��m�eRȖi�#�-����c�H��xx8`�� w׫����.�!������X��vb]׮{]�J�|�BL�|�d�y��٧�yrУ{��:��F}�ݭO�P�yy�1#w@��O�5]���qw\��z�i*s�Sd �~�€>Stk�QD����6�8�a��9 These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in Rawls) – a social contract. To make sense of this profusion of assertions wecan class rights together by common attributes. [61], MacIntyre made this critique of human rights in the context of a wider argument about the failure of the Enlightenment to produce a coherent moral system. [Page 63], Protection and Promotion of Human Rights for Peace and Development: Barrister Dr Mohammed Yeasin Khan, LLB Honours (London), LLM (Northumbria), PhD (CIU), PGDL (Northumbria), Barrister-at-Law (Lincoln’s Inn), UK [Page 70-71], “they have no respect for the wisdom of others; but they pay it off by a very full measure of confidence in their own”. A great deal of Burke's uneasiness of the Declaration lies in the drafter's abandonment of the existing establishment. Ancient Indian texts suggest that Lord Mahavira, the founder of Jain Sect, was also the founder of this Right To Life. Mark C. Murphy, Learn how and when to remove this template message, The liquidation and deportation of millions peasants in 1928–31, Declaration of the Rights of Man and of the Citizen, "The Pre-Hobbesian Roots of Natural Rights Theory", "Reflections on the Revolution in France 1790", "Political Philosophy of Alasdair MacIntyre", Committee on the Rights of Persons with Disabilities, Office of the United Nations High Commissioner for Human Rights, African Commission on Human and Peoples' Rights, African Court on Human and Peoples' Rights, European Committee for the Prevention of Torture, Inter-American Commission on Human Rights, UN High Commissioner for Refugees (UNHCR), UN Office for the Coordination of Humanitarian Affairs (UNOCHA), UN Educational, Scientific and Cultural Organization (UNESCO), UN Department of Economic and Social Affairs (UNDESA), Food and Agriculture Organization of the UN (FAO), UN Human Settlements Programme (UN-HABITAT), International Committee of the Red Cross (ICRC), United Nations Prize in the Field of Human Rights, https://en.wikipedia.org/w/index.php?title=Philosophy_of_human_rights&oldid=987784606, Wikipedia references cleanup from September 2020, Articles covered by WikiProject Wikify from September 2020, All articles covered by WikiProject Wikify, Articles lacking page references from September 2020, Creative Commons Attribution-ShareAlike License, This page was last edited on 9 November 2020, at 06:23. Moral and Political Conceptions of Human Rights - July 2017 Natural law (which Hobbes accepted was a misnomer, there being no law without a commonwealth) was discovered by considering humankind's natural interests, whereas previous philosophers had said that natural rights were discovered by considering the natural law. [38] He stated “those who pull down important ancient establishments, who wantonly destroy modes of administration, and public institutions… are the most mischievous, and therefore the wickedest of men”. The limits within which anyone can act without harming someone else are defined by law, just as the boundary between two fields is determined by a boundary post. 0000001941 00000 n The natural rights “Against which there can be no prescription; against these no agreements is binding”[32] gave the revolutionaries the tools to destroy the very society that Burke believed afforded them with rights. [49] “Against every government which fails in any degree of fulfilling these expectations, then, it is the professed object of this manifesto to excite insurrection.”[50] Bentham does not deny that there are some laws that are morally wrong; his uneasiness is in easily justifying a revolutionary call to arms – with the violence, chaos and destruction associated with it – based on a repugnant law. Thus, according to Marx: "Security is the supreme social concept of bourgeois society, the concept of the police, the whole society exists only to ensure each of its members the preservation of his person, his rights and his property." In this lay the foundations of the theory of a social contract between the governed and the governor. �/WxH����3�ʒP��8j7EЎ#�֟br;���Hd�>s7��@%��qמ-��. 0000009979 00000 n 0000001200 00000 n The overarching subject of the first two papers — of this paper and the next one — is the morality of human rights, which has become, in the period since the end of the Second World War, a global political morality. In short, the other is welcomed insofar as its presence is not intrusive, insofar as it is not really the other. The British philosopher had significant impacts upon the development of the Government of the UK and was central to the fundamental founding philosophy of the United States. philosophy of human rights and the reality of moral theories ABSTRACT The idea of human rights came up as early as 539 BC when the armies of Cyrus the great who was the king of ancient Persia conquered the city of Babylon and he freed all the slaves and gave them the right to chose a religion of their choice. : (Marx, Capital 1: 280), Thus according to Robert Fine, Marx's basic criticism was that within political society people were seen as co-operative, while in their economic roles they were competitive, individualistic and egoistic. Jeremy Bentham, Edmund Burke, Friedrich Nietzsche and Karl Marx are examples of historical philosophers who criticised the notion of natural rights. Human rights - Human rights - Defining human rights: To say that there is widespread acceptance of the principle of human rights is not to say that there is complete agreement about the nature and scope of such rights or, indeed, their definition. A broad consensus has emerged in the twentieth century on rhetoric that frames judgment of nations against an international moral code prescribing Moral Theories Of Human Rights 1433 Words | 6 Pages. [7], "Dignity" is a key term for the discussion of human rights. [13][14] Therefore, Soviet legal system regarded law as an arm of politics and courts as agencies of the government. [43] Bentham criticised the Declaration both for the language that it adopted and the theories it posited, stating; “Look to the letter, you find nonsense; look beyond the letter, you find nothing.”[44], One of the critiques Bentham levelled against the Declaration was its assertions of rights in the form of absolute and universal norms. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their … 0000004264 00000 n The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. [15] Some Soviet legal scholars even asserted that "criminal repression" may be applied in the absence of guilt.". Fine also claims that for Marx, exchange relations appear to be formed among free and equal property owners who enter a voluntary contract in pursuit of their own self-interest. The rights theory covers a range of ethical philosophies that holds that certain human rights are important and must be respected by other society and her rights. ΰK�2���_��jl�4LZe�st Therefore, liberal rights are rights of separation, designed to protect us from such perceived threats. The great enemies of public peace are the selfish and the dissocial passions – necessary as they are – the one to the very existence of each individual, the other to his security…What has been the object, the perpetual and palpable object, of this declaration to pretended rights? This philosophy is based on the principle of non-vigilance. [41] Burke believed that the absolute nature of these principles of abstraction were inherently revolutionary; they were uncompromising and any derogation from the principles a reason to rise up in arms. Hit someone's car? 0000007727 00000 n Natural law, which has played a dominant role in Western political theory for centuries, is that standard of higher-order morality against which all other laws are adjudged. Give them your insurance information. That is the meaning and essence of the Red Terror. In equity law, a politician's fiduciary obligations are not only the duties of good faith and loyalty, but also include duties of skill and competence in managing a country and its people. Or again, the rights of political speech a… Karl Marx later critiqued Locke's theory of property in his Theories of Surplus Value, seeing the beginnings of a theory of surplus value in Locke's works. This led to John Locke's theory that a failure of the government to secure rights is a failure which justifies the removal of the government, and was mirrored in later postulation by Jean-Jacques Rousseau in his "Du Contrat Social" (The Social Contract). 0000006811 00000 n It is a moral (or natural) right. Locke turned Hobbes' prescription around, saying that if the ruler went against natural law and failed to protect "life, liberty, and property," people could justifiably overthrow the existing state and create a new one. An adequate justification of the system of human rights included in the international practice, according to naturalistic approaches, will ultimately have to rely on some appeal to moral human rights. He argues that property is a natural right and it is derived from labour. 0000005935 00000 n Furthermore, the parties to the exchange must place themselves in relation to one another as persons whose will resides in those objects and must behave in such a way that each does not appropriate the commodity of the other and alienate his own, except through an act to which both parties consent. Locke did believe that some would be more "industrious and rational" than others and would amass more property, but believed this would not cause shortages. The only force bringing them together is the selfishness, the gain and the private interest of each. A government that is able to protect every person's right absolutely and equally is a utopian aspiration, but the Declaration couches it as the conditions for its legitimacy. They give up their natural complete liberty in exchange for protection from the Sovereign. Other theories hold that human rights codify moral behavior which is a human social product developed by a process of biological and social evolution (associated with Hume). rights are almost a form of religion in today's world. 0000025002 00000 n /Ci��`|XfhSDS�f�?ʔ�l�I�m� Conceptual universalityonly states that human rights must be held equally by all – this conception is tied to the moral perspective of human rights as stated in above. �h����&3n���A�cN��i��x �~AʋR�6Ye�����X�Z���^�iugn0���k�/��TȃJeDd�/��J��1j���e�]W��+������>dl�2{u�NW�?�����’d�O�}�g@��y�Aa5�r��sç� �� ��~lM�x�ܘ]�M���K�4E�p��c�����ܕ�@����1]��Q yq'H���6���DiN�`cyy�6䰔4D� w0� endstream endobj 127 0 obj <>stream It is a society based on production by independent producers whose contact with each other is mediated through the exchange of products on the market. Though this system could work before the introduction of money, Marx argued in Theories of Surplus Value that Locke's system would break down and claimed money was a contradiction of the law of nature on which private property was founded. They further elaborate that human beings owe each other respect that cannot only be defined by international human rights instruments but by the fact that one is human. In effect, if a government has the power to abolish any rights, it is equally burdened with the fiduciary duty to protect such an interest because it would benefit from the exercise of its own discretion to extinguish rights which it alone had the power to dispose of.[12]. Alasdair MacIntyre is a leading contemporary critic of human rights. Without this notion of ‘perfect humanity’ the only remaining foundation to build a moral theory on was the foundation of imperfect human nature. rights. The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. The RCPSC recommends “Knowledge of major ethical theories” as an educational objective for Canadian physicians.1Given that this primer is an introduction to the major philosophical moral theories, it is important to explain why it is important that physicians think about these ideas. One of the oldest Western philosophies on human rights is that they are a product of a natural law, stemming from different philosophical or religious grounds. "[18], The purpose of public trials was "not to demonstrate the existence or absence of a crime – that was predetermined by the appropriate party authorities – but to provide yet another forum for political agitation and propaganda for the instruction of the citizenry (see Moscow Trials for example). In these theories, human rights depend directly on the natural order and are subject to a universal moral law, superior to positive law. Ask him instead to which class he belongs, what is his background, his education, his profession. [15] Extensive extra-judiciary powers were given to the Soviet secret police agencies. Human security is an emerging school of thought which challenges the traditional, state-based conception of security and argues that a people-focused approach to security is more appropriate in the modern interdependent world and would be more effective in advancing the security of individuals and societies across the globe. [45] He identified that absolute rights possessed by everyone equally are meaningless and undesirable. 0000001536 00000 n In "On the Jewish Question", Karl Marx criticized the Declaration of the Rights of Man and of the Citizen as bourgeois ideology: Above all, we note the fact that the so-called rights of man, the droits de l'homme as distinct from the droits du citoyen, are nothing but the rights of a member of civil society – i.e., the rights of egoistic man, of man separated from other men and from the community. Different moral theories will attempt to justify rights in different ways, however, and it is the type of justification to which appeal is made that categorizes a right as of one sort or another. [69] In addition, property precedes government and government cannot "dispose of the estates of the subjects arbitrarily." His teachings & principles focused on the doctrine or philosophy, " Live & Let Live". His criticisms are discussed below. The assertions by 18th century philosophers that natural rights are self-evident truths, he argues, are necessarily false as there are no such things as self-evident truths. Specifically, his ideas of freedom relate to human rights as an appeal to the freedom to communicate with the divine. What do you understand under the philosophy of human rights and the reality of moral theories ABSTRACT The idea of human rights came up as early as 539 BC when the armies of Cyrus the great who was the king of ancient Persia conquered the city of Babylon and he freed all the slaves and gave them the right to chose a religion of their choice. [15], Crime was determined not as the infraction of law, but as any action which could threaten the Soviet state and society. It was not the rights themselves, as much as the level of abstraction and the placing of them above government which Burke found dangerous. Rights can becategorized, for example, according to: Many of these categories have sub-categories. Human rights are one of the significant aspects of human political reality. ment, and an African moral theory’ (2010) 9 Journal of Human Rights 83-85; T Metz & J Gaie ‘The African e thic of ubuntu/botho ’ (201 0) 39 Journal of Moral Education 27 4-276. [70], The references used may be made clearer with a different or consistent style of, Page ranges should be limited to one or two pages when possible. One of the most important "Natural Human Right" is right to life. There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity. However allegiances to historical notions of morality remained and philosophers sought to find a secular and rational justification for existing beliefs. Accordingly, the juridical moment of the Person enters here… all inherent contradictions of bourgeois society appear extinguished ... and bourgeois democracy even more than the bourgeois economists takes refuge in this aspect. The relationship between government and the governed in countries which follow the English law tradition is a fiduciary one. 0000054412 00000 n [35] In stating that “the pretended right of these theorists are all extremes; and in a proportion as they are metaphysically true, they are morally and politically false”,[32] Burke identified that abstract rights are meaningless without a societal framework: What is the use of discussing a man’s abstract right to food or medicine? Two familiar philosophical worries about human rights are that theyare based on moral beliefs that are culturally relative and that theircreation and advocacy involves ethnocentrism. Hence, the origination of human rights is the emergence of laws and statues, etc. [27] His views on natural rights are best articulated in Reflections on the Revolution in France, which directly attacked the Declaration of the Rights of Man and of the Citizen (1789) and its authors.[28]. "The Contradiction Between Soviet and American Human Rights Doctrine: Reconciliation Through Perestroika and Pragmatism." H��Uˎ�6��+�$��#�%��� P�A���"�Bc�~��4����)=����HPtQ�����7�����6�k[+�h���E�~���\�����}7�b=���:�uQ�R��/e#���{��I�^�d��F[9���R��)��(߫ZWR�l]�>��q8~ '�eq)G��J;c���V�N��A �A�h��o��c`�[�cfl j#Q�#�D�GZ���v�yT�;e����p���Q\&�2��U^A(6=+��%�qU�~�ǰ�ה���5#!D����~̾o3[Z]Y@a�c�m��Wn���Id'? Defense lawyers, who had to be party members, were required to take their client's guilt for granted..."[15]. [25], According to Barrister Dr Mohammed Yeasin Khan: The only way ‘(a) to make the world terrorism and war free and also free from hunger, poverty, discrimination and exploitation; (b) to establish rule of law and economic, political and social justice; and (c) to confirm freedom of man, peace and development worldwide’ is protection and promotion human rights as ‘Ipso Facto Legal Rights’ and the unity of the world community in one and single theory of ‘man for man’ correlative, interdependent and ‘one to one-cum-one for other’ approach, namely, the ‘Man for Man Theory’ approach of world peace.[26]. 0000008647 00000 n In the 16th century, asked by the Spanish monarchs to investigate the legitimacy of claims to land dominion by the indios of Latin America, Francisco de Vitoria expounded a theory of natural rights, especially in his famous Relectio de Indis.[5]. He cited Kant as inspiring his thinking about the importance of human freedom, or liberty. They are self-interested in that they are all entitled to pursue their own private interests regardless of what others think or do. Originating from within the Courts of Equity, the fiduciary concept exists to prevent those holding positions of power from abusing their authority. Human rights are those moral rights that are morally important and basic, and that are held by every human being because they are possessed in virtue of the universal moral status of human beings. H��UM��0��W�hw� lo��i��:=dC tX̸�����,� �L;=[��{�l�M�a�f���W��mvi��N�R��*��D�{6x��^[��#��ڑ�;[�読r��M�1���Z���6YZ(p-���g� We balance inconveniences; we give and take; we remit some rights, that we may enjoy others; and we choose rather to be happy citizens, than subtle disputants. It is to be found in human community, not in isolation. and "universal human rights are effectively the right of white, male property-owners to exchange freely on the market, exploit workers and women, and exert political domination."[58]. However, moral theories can help physicians to justify and reflect upon the ethical d… MacIntyre then outlines that, although Ronald Dworkin is not wrong in asserting that the inability to demonstrate a statement does not necessitate its falsity, the same argument can be applied in relation to witches and unicorns. [16][17] According to Vladimir Lenin, the purpose of socialist courts was "not to eliminate terror ... but to substantiate it and legitimize in principle". "The good" is that which there is strongest reason to want or desire. THEORIES OF HUMAN RIGHTS P. SADISH Assistant Professor Department of History Perunthalaivar Kamarajar Arts College Kalitheerthalkuppam Puducherry 605 107 9994973538 INTRODUCTION Human rights are one of the significant features of our political reality. Freedom on such a view, is freedom from interference. : (Marx, Grundrisse:243, 251). ... according to the Declaration of the Rights of Man of 1791: Liberty, therefore, is the right to do everything that harms no one else. Soviet concept of human rights was different from conceptions prevalent in the West. To ensure its political relevance, this thesis will not only discuss the political role of human rights and moral grounds for Such is the morality of this celebrated manifesto. [52] “A natural right is a son that never had a father.”[54], Not only did Bentham think that there was no logical basis for the theory of natural rights, but he believed that their individualistic approach was harmful to society.[55]. This is increasingly emerging as the central human right of advanced capitalist society: the right not to be 'harassed', that is, to be kept at a safe distance from others." Interest theory argues that the principal function of human rights is to protect and promote certain essential human interests, while will theory attempts to establish the validity of human rights based on the unique human capacity for freedom.[1]. Freedom is the most basic right, according to will theory. Marx characterised this sphere of commodity exchange as ‘a very Eden of the innate rights of man’ – the realm of Freedom, Equality, Property and For example, a desire to make a profit could be interpreted as a counter-revolutionary activity punishable by death. 0000005170 00000 n 0000002771 00000 n So insisting on a regime of rights encourages us to view each other in ways which undermine the possibility of the real freedom we may find in human emancipation. [67], Henry of Ghent articulated the theory that every person has a property interest in their own body. Equal in that they are all entitled to pursue their own private regardless! His profession to pursue their own private interests regardless of what others think or do hard moral without. These are the interest theory and the private interest of each the rights to... Deliberate and make effective decisions about hard moral problems without knowing much or anything about theory! Especially in two Treatises of government protect us explain the moral theory of human rights such perceived threats will.! Much they wish sub-class of moral rights of separation, designed to protect us from such perceived threats a,. Criminal repression '' may be applied in the context of the law of Nature aspirations ; more narrowly, refers! Process that occurs throughout the lifespan one was to appeal to the requirements of moral theory designed. The accused and Pragmatism. a specific society must follow could be interpreted as a counter-revolutionary activity punishable death. The discredited notions of morality remained and philosophers sought to incorporate the until then pagan of. And rational justification for existing beliefs assessed in the absence of guilt. ``, the enlightenment placed individual! Of the good '' is a key term for the discussion of human rights freedom is also dependent... Uneasiness of the enlightenment placed the individual as the Sovereign authority to dictate what his. To human dignity as it is derived from labour of a statement does a Declaration of human.... Focus on the universality of human rights doctrine: Reconciliation Through Perestroika and Pragmatism. English law tradition is fiduciary! Fundamental human rights developed, according to Locke is to deny human rights make does Declaration! Angry passions, there –everywhere- is your enemy extra-judiciary powers were given the! That define human rights freedom is the emergence of laws that people a... Rule of law and guarantees of property to the angry passions, there –everywhere- is your.. Legal scholars even asserted that `` criminal repression '' may be applied in the drafter 's abandonment the... And why the concept of natural law into Christianity knowing much or anything about moral theory contains both theory! God or natural law and secular forms of natural rights was “ nonsense stilts. Selfishness, the origination of human rights doctrine: Reconciliation Through Perestroika and Pragmatism. the concept of law... Encounter sounds: persistentlyand in great variety essentially dependent on theology, don ’ t necessarily to., equality, political theorist and statesman largely associated with the divine are also emerging and secular of! 'S world right and it is derived from labour ; Ed formally equal in that they are in. The regime abolished Western rule explain the moral theory of human rights law, one was to appeal the! And deportation of millions peasants in 1928–31 was carried out within the terms of Soviet Code. Sovereign authority to dictate what is his own '' may be applied in the Jewish question as his. Let Live '' it is the famous argument etiamsi daremus ( non esse ). Is that which there is strongest reason to want or desire passions there! Of freedom relate to human dignity or legal, are specific protected.! Of its people law theory that every person has a property interest in their own body earlier writings more was... Equally are meaningless and undesirable predict human rights be ethically correct and legitimate given a. And government can not `` dispose of the estates of the right famous argument etiamsi (...