LS351 Lecture Notes - Lecture 7: Natural And Legal Rights
27 May 2016
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Document Summary
A system of rules to govern the conduct of countries, negotiated for mutual benefit. Westphalia"s two core principles: political sovereignty, territorial sovereignty. Subject matter of treaties: technical: detailed, but dealing with small-scale, non-controversial issues, snail mails, luggage on flights, economic/commercial: quite detailed, usually, and with mid-range controversy/difficulty, copyright laws, political: very detailed, lots of controversy. Natural rights tradition and modern human rights tradition. Older tradition viewed rights as literally natural properties of persons, and thus absolute. With the older traditions, the duty-bearer of the various rights claim was seen as the national government of the society in question, and even more narrowly its legal system. Modern human rights doctrine is that there can also be international duty-bearers. Rawls"s basis structure: our human rights claims, ultimately, are claims that the national/international basic structure be shaped in such a way that we all get secure possession of the objects of our human rights.
