I. Fundamentación y perspectivas filosóficas de los derechos humanos
Published
December 30, 2013
Keywords:
natural law, human rights, rights of man, foundation, deontic logic, legal positivism, The 1948 Universal Declaration of Human Rights
How to Cite
Peña y Gonzalo, L. (2013). A natural-law foundation of human rights. Bajo Palabra, (8), 47–84. https://doi.org/10.15366/bp2013.8.003
Copyright (c) 2013 Lorenzo Peña y Gonzalo
This work is licensed under a Creative Commons Attribution 4.0 International License.
Abstract
This paper proves that, unless certain natural law norms are recognized, human rights lack any foundation, which means that no lawyer will be able to show any compelling reason for them to be incorporated into positive law where they have not been legally sanctioned yet. A natural law norm is one which, in virtue of some valid deontic-logic inference rules, can be deduced from any positive norm and hence exists in every legal system, even if not formally enacted. Our study contains to parts: a conceptual-historical account of the notion of human rights and a logical and conceptual analysis thereof.
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