Remake of Week 2 BL&E Group 7 by Hristo Hristoskov https://padlet.com/hristoskov25/f8f3idvo9zs0ftza Week 2 Questions en-us 2021-04-09 07:33:44 UTC 2025-12-04 02:55:14 UTC hello@padlet.com Kelly refers to previous discussion between philosophers that all human beings have fundamental rights and are equal to each other. Kelly means by this statement that natural law is abstract and can be subjective and perceived in several way by different people. An example is that the Nazis had a different perception of what natural law was comparing to what we have today. Because natural law is so abstract, Kelly says that part of the difficulty of this law is to define and question what the fundamental/core rights of a human should be. samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1398977364 2021-04-09 07:36:54 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1398977364 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1398979937

]]> 2021-04-09 07:38:10 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1398979937 Hart: “the minimum content of positive law, the minimum set of principles which, because rationally necessitated —given certain fundamental ‘truisms’ about human nature and the human predicament—for the securing of purposes shared by all survivable human societies, can be called natural law.” According to Hart we could observe that he believes that there should be some codified natural laws-the minimum set of principles that provide fundamental value to human life and protect it. https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1398993576 2021-04-09 07:44:35 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1398993576 Hart: samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399001626 Hart does not state a specific sentence/definition of what specifically natural law is according to him. However, he says that human beings have limits, which are:
*Men are vulnerable
*Men have approx. equal physical strengths.
*Limited altruism.
*Limited numbers of resources.
*Limited understanding and strength of will.

Due to these limitations, human need a law to be able to survive --> Minimum content of natural law (which are the core of good sense in natural law so that we can all live together in a society to behave well and survive).
There, it is natural to have rules to response to these factors. The goal of the that human can survive (staying alive).]]> 2021-04-09 07:48:28 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399001626 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399006931 2021-04-09 07:51:01 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399006931 There are a number of treaties that Belgium has signed regarding human rights. Belgium is actively involved in various organizations at an international level to promote and protect human rights. These organizations include the United Nations, European Union, Council of Europe, and the Organization for Security and Co-operation in Europe (OSCE). Within these organizations, there are a number of treaties concerning human rights. Example include the treaty “Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment”, the treaty “International Covenant on Economic, Social and Cultural Rights”, and the treaty “Convention on the Rights of the Child” that were established by the United Nations which Belgium signed. As Belgium has signed these treaties, the country embraces the articles defined in these treaties into the domestic legal order. https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399021128 2021-04-09 07:57:44 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399021128 For Belgium (civil system which is monistic), there are several treaties with international organisations. However, the most known ones are the one of the UN and the one of the EU. For the UN, there is the Universal Declaration of Human Rights. This treaty was established in Paris in 1948 and should be applied by all its members (thus including Belgium). Examples of rights that are declared in this treaty are: “the right to asylum, the right to freedom from torture, the right to free speech, the right to education, the right to life, …”.For the EU, there is the Charter of Fundamental Rights this “guarantees fundamental rights and freedoms. This Charter includes all fundamental rights which are binding for all EU institutions and bodies and also apply to national governments when they apply EU law”. Because Belgium has a civil and monistic system, international law are automatically and directly part of the national law and part of the domestic law. samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399024723 2021-04-09 07:59:20 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399024723 After the Second World War, the states in Western Europe became less authoritarian and more liberal and democratic. samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399037007 2021-04-09 08:05:37 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399037007 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399037061 2021-04-09 08:05:39 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399037061 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399042940  They tried to put more emphasis on human rights in the wake of what happened in WW2 and thus governments moved to more social practices also because people started to become more educated ]]> 2021-04-09 08:08:32 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399042940 The 'minimum content’ natural law indicates the bare minimums that any legal system of a society needs to implement in order to live and survive. There are a core set of moral principles that constitute the legal system of a society in order for that society to operate successfully. https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399047113 2021-04-09 08:10:27 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399047113 Hart described the ‘minimum content’ as “some kind of rules aimed at protecting persons from one another, and from the consequences of their own weaknesses of body or mind; as well as some kind of regime (not necessarily one of private property) for the management and conservation of the earth’s resources, and the safeguarding and distribution of what it yields.” By this, Hart’s statement could be seen that humans have limitations (e.g. Men are vulnerable, Men have approx. equal physical strengths, Limited altruism, Limited numbers of resources, Limited understanding and strength of will) and that law is needed to assure survival. samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399049375 2021-04-09 08:11:30 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399049375 Western European states have moved from “ruling” the society to “serving” the society based on social contract – sacrification of some freedoms of citizens in exchange for insurance of social stability and political order. Recognition of human rights on the constitutional level. Individuals were entitled to make claims against the state shall it endanger one’s rights or act against these rights and were given the right to withdraw shall individuals disagree with the state’s system. https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399074300 2021-04-09 08:22:53 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399074300 According to Austin’s imperative model, law should be backed by a sanction. However, it is difficult to implement a sanction of every law, especially when it concerns human rights (and on an international level). We all saw the atrocities that happened in the first part of the 20th century were some humans were treated like sub-humans. Therefore, even being a positivist where everything should be codified, there still have to be some room concerning human rights (natural law) so that every human is treated in an equal way. samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399076444 2021-04-09 08:23:56 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399076444 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399082528

]]> 2021-04-09 08:26:42 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399082528 The European Convention on Human Rights and Fundamental Freedoms was developed to ensure that country’s governments would never again be allowed to dehumanize individuals and abuse individual’s rights https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399086813 2021-04-09 08:28:52 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399086813 Most of these countries (and part of its citizens) just came out of a chaotic WWII. These countries reflected that in less than 35 years two world wars occurred and that some of their people did not have human rights and were treated and killed like sub-humans (e.g. Jews, political opponents, homosexuals, …). Because it was so brutal these countries decided that this should happen “never again” and decided to give rights to every human, whatever his nationality, religion, culture, … As we can see, several international treaties were created to find a new common ground and harmony in our world (which is started with human rights on an international level). samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399088366 2021-04-09 08:29:34 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399088366 Finnis claims that God is the last link and that the first link is identification, which is self-reflection and that natural law is found in certain basic values. Some of these basic values are knowledge, life, play (spending time on something you enjoy), aesthetic experience, and religion according to him. He says that a legislator should stay away of making laws. Moreover, he emphasizes that law should allow the common good and equality. According to Finnis, fundamental rights are part of the common good. Because one of Finnis’ basic values is religion I would say that he would oppose that businesses should partially pay for contraception. Especially when contraception is still available (and not illegal in country) which does not violates equality. samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399109744 2021-04-09 08:39:30 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399109744 Right of religion. Because let’s say that there is a small family business with five employees that is run by a family which is Christian, religious, and is against abortion and contraception. And let’s say that this company has to cover a part of its employee health core (ACA) and knowns that its employee use contra-conception drugs. Then they might object that they do not want to pay for that because they are Christian and do not believe that using contra-conception drugs is right according to their religion and they have this right. samnej2000 https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399110222 2021-04-09 08:39:40 UTC https://padlet.com/hristoskov25/f8f3idvo9zs0ftza/wish/1399110222