HREQ 2010 Lecture Notes - Lecture 24: Peremptory Norm, Consequentialism, Basic Norm

• School: York University
• Department: Human Rights and Equity Studies
• Course: HREQ 2010
• Professor: Neil Braganza

Document Summary

The basis of international law in moral theory. There is a basic primary moral law under this law: 2. Sources and bases of jus cogens and international law: (cid:1009). The (cid:862)future orie(cid:374)tatio(cid:374)(cid:863) of jus cogens and international law: the dawn of human. Kant"s moral theory: there is a developing and emergent theory of moral law, emphasized the primacy of reason and rationality. Because people are emotional, society will make decisions based on emotions and not rationality. If you do this you are acting immoral. Jus gentium: o(cid:373)a(cid:374) la(cid:449) deali(cid:374)g (cid:449)ith (cid:862)foreig(cid:374)ers(cid:863) a(cid:374)d the provinciae or provinces. Eventually this law was extended across a large empire that included many different peoples and cultures. This meant that all within the empire, who were citizens, had a set of rights that could be protected through court procedure. These rights were built up in and through the legal practice of the praetors or roman jurists.