جستجوی مقالات مرتبط با کلیدواژه « حقوق پوزیتیویستی » در نشریات گروه « علوم انسانی »

Science of law is an instrument to regulate the relationships between persons and subjects. Doubtlessly, today human persons as the main subjects of law also are considered as the ultimate intent of law; as the result, human rights have a very important status in the governing legal order.

This is a descriptive Study.

Ethical Considerations:

 All ethical considerations as well as authenticity of the texts have been observed.

The very concept of human rights by a reading different from the current one, have been existed since the early stage of birth of philosophical thoughts; but, through the time and by the introduction of concepts such as “government”, “sovereignty”, “law”, and “rule of law” the way of human right entering the space of implementation undergone basic evolutions.

In the text of the Universal Declaration of Human Rights, one may see how schools of philosophy, law, and politics have been crystalized in it.

The human rights issue is one of the challenges of our country both from the development discourse and from the tradition-modern discourse, especially because the Islamic thoughts challenge the western human rights. In this article the human rights declaration has been studied from the ontological and anthropological aspects and tried to view the subject from Quadruplet critical approaches. To do so first we study the nature of human rights according to two basis of positivistic and natural law and then we study the Quadruplet critical approaches to these bases. The first approach from the Marxist viewpoints believes that the human right is the instrument of development of capitalism. The second view is postmodern that questions the universality of human rights and calls it as myth. The third approach is Islamic which believes that the right of making law is just for god and the human rights declaration which is originated from the self-based humanistic one cannot fulfill the humanity’s expectations. The forth standpoint is criticizing the logic of modernity and believes that modernity cannot create such rights.