CONSIDERATIONS REGARDING THE INTEGRATION OF FUNDAMENTAL HUMAN RIGHTS IN THE SYSTEM OF NATURAL LAW

Claudiu Ramon D. Butculescu ()
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Claudiu Ramon D. Butculescu: Spiru Haret University, Bucharest, „Acad. Andrei Radulescu” Legal Research Institute, Romanian Academy

Perspectives of Law and Public Administration, 2016, vol. 5, issue 1, 21-24

Abstract: This article studies the relationships and interactions between fundamental human rights and natural law school. The objectives of this paper are circumscribed to the way fundamental human rights, by their nature, can be integrated within the doctrine of natural law or to the contrary, may be related to various branches of legal positivism. In specialized literature, it was pointed out that fundamental human rights constitute genuine natural rights which have the same natural law recognized attributes: immutability, non-alienable nature et. al. However, in the context of contemporary changes within the European Union, generated by cultural differences which are becoming ever more significant, the question rises of whether those rights are in fact a creation of legal positivism. Within the paperthere are several doctrine opinions described, as well as some arguments for reconsidering the placement of fundamental rights within the sphere of legal positivism. Using the comparative method, the study analyzes the common points and the points of divergence between fundamental rights and the doctrines of natural law and legal positivism, seen through the prism of the general theory of systems, legal culture, legal colonialism and legal ethnocentrism.

Keywords: natural law; human rights; legal cultures; legal ethnocentrism (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2016
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