Human rights and the law of human rights: a positive legal regulation of an ontic reality
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Date
2014-06
Authors
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Publisher
Europejskie Stowarzyszenie Studentów Prawa ELSA Poznań
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Abstract
The author introduces a fundamental distinction between human rights and the law of human rights which is subsequent to these rights. While examining these issues, the author
follows M. Piechowiak and his way of understanding human rights. According to
Piechowiak, human rights are objectively existing relationships between a human being
and a global good, welfare that is due to him/her. Particular aspects of this global good
are what we used to call an object of a particular human right. Therefore, human rights have an ontic nature. These relationships have their normative consequences. It may
be stated that these relationships ontologically justify that the norms protecting these rights (actually these relationships) stay in force. These relationships and the norms protecting
them can be recognized. Notwithstanding what was stated above, human rights
shall be proclaimed and the ontic norms protecting them, adequately recognized, shall
be positivised, that is, acts of positive law shall introduce these norms into legal systems.
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Keywords
Human rights, theory and philosophy of law, ontic perspective
Citation
Adam Mickiewicz University Law Review, vol. 3, 2014, s. 213-227
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ISBN
ISSN
2083-9782