The Operation of the Law Related to Human Rights in Reality
- August 12, 2020
- Posted by: RSIS
- Categories: IJRISS, Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume IV, Issue VII, July 2020 | ISSN 2454–6186
The Operation of the Law Related to Human Rights in Reality
R.N.K Chandrawansa
Abstract: Simply the human rights are the space given to a person by the society to live a free life. A person is not an isolated creature in the society. They have to always interact with the others protecting their own human rights and rights of the others. When these rights conflict with each other, problems arise. Therefore, normal routine of the society is been disturbed. To overcome these problems people have made laws and made regulations to enforce them. But with the development of the society, sometimes there are situations that are very complicated and even the judges face problems with the applicability of laws. New issues arise due to the advancement of the society and sometimes, no laws to be applied in those situations or even if there are laws, they are not enough, and they should be amended.
Keywords: Human Rights, Laws, Regulations, Law school
I. INTRODUCTION
At ancient times all these problems were solved using religions. But later with the developments of the society and due to globalization, all the ethnic groups were mixed and due to that issue, that was hard to use the rules under one religion. Religions have their conflicting rules. For an Example Buddhism doesn’t accept killing any living organism. However, according to Islamic Shariya Law they have the eye to eye, tooth to tooth concept. Therefore, people tend to regulate laws and there can be conflicts with certain religions. For an Example death penalty is against Buddhism, but that is in our legal system and can be enforced whenever the relevant authorities need to enforce that.
II. DISCUSSION
Different law school philosophers have made their own contributions to the concept of Human Rights. Natural Law School, Sociological Law School, American Realism and Feminism law school are important law schools in this regard.
The Natural law school states that there is a close connection between the natural rights and the human rights. And according to natural law school fundamental rights are inherited by the birth itself.
In the Greek era, philosophers like Socrates, Plaeto, Aristotle, Cicero and also the philosophers in the Rome Era philosophers like Justinian, St.Augustin and Thomas Aquinas said that the human rights can be proved by the natural law. As Hugo Grotius shows as the natural law cannot be changed, the human rights also remain unchanged.
