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Explain the origins of human rights claims by focusing on the following: a) Natural law theories of rights. ( 9 Marks) b) Positivist theories of rights. ( 6 Marks)

Вопрос

Explain the origins of human rights claims by focusing on the following:
a) Natural law theories of rights.
( 9 Marks)
b) Positivist theories of rights.
( 6 Marks)

Explain the origins of human rights claims by focusing on the following: a) Natural law theories of rights. ( 9 Marks) b) Positivist theories of rights. ( 6 Marks)

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a) Natural law theories of rights:<br />Natural law theories of rights assert that human rights are inherent and universal, deriving from nature or a higher power. These theories argue that individuals possess inherent rights by virtue of their humanity, independent of any legal or societal framework. Proponents of natural law emphasize that these rights are timeless and unchanging, often rooted in religious or philosophical beliefs about the inherent dignity and equality of all human beings. Natural law theorists argue that governments and societies have a moral obligation to respect and protect these pre-existing rights, and that any laws or actions that infringe upon these rights are illegitimate.<br /><br />b) Positivist theories of rights:<br />Positivist theories of rights, on the other hand, contend that human rights are not inherent but rather created and recognized by human institutions, such as governments or societies. According to positivism, rights arise from social contracts, customs, or legal systems, and their existence and scope are determined by positive laws and regulations. Positivist theorists argue that rights are not universal but rather vary across different cultures, societies, and legal systems. They emphasize the importance of legal frameworks and formal institutions in defining and protecting rights, and they assert that the legitimacy of rights claims depends on their recognition and acceptance within a particular legal or societal context.
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