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Legal Theory and Natural Law
Category: Social Issues | Type: Essay | Style: APA | Level: Master | Pages: 19
This study focused on an analysis of natural law and suggested the differences between natural law and positive law to show how human rights discourses should fit in within the context of natural law theory and discourses. A renewed interest in natural law theory would suggest a reappraisal of human rights issues on the basis of natural law. Other issues of feminism, utilitarianism and racism have also been discussed. The importance of the Human Rights Act 1998 in shaping the rights as they are practised and also exist in theory and legal regulations have also been highlighted. The discussion focuses on the fact that feminist perspectives and race theory seem to be heavily dependent on cultural, political and social perceptions of human rights issues rather than moral and ethical principles as based on natural law theory. Yet despite the fact that natural law theory may not be the primary foundation for such human rights analysis, there has been in recent times a renewed interest in human rights within the context of natural law that brings natural law theory very much within the political and sociocultural dimensions of rights discourse.
Keywords: natural law, positive law, human rights, natural law theory, feminism, utilitarianism, racism, human rights discourse, race theory
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