Is Legal Positivism capable of substantiating Human Rights? An analysis from the ethics of Natural Law

Authors

  • Matheus Thiago Carvalho Mendonça Facultad de Ciencias Jurídicas y Sociales de la Universidad Nacional de La Plata (UNLP)

Keywords:

Human Rights, Legal Positivism, Foundations, John Finnis, Natural Law

Abstract

The rights talk has concentrated all its efforts in the recognition and realization of human rights. One of the consequences of such a political effort is the growing national and international affirmation. However, the effect of this gesture is the denial of the need for a philosophical foundation of human rights. So, legal positivism becomes the mainstay of those rights. However, Natural Law regained space and started to challenge this possibility. Therefore, the problem discussed in this paper is the critique of natural law about foundation of human rights in a positivist view of Law. From a literature review, this study identified the inadequacy of legal positivism in the foundation of human rights, especially when considering the main criticisms made by natural law.

Author Biography

Matheus Thiago Carvalho Mendonça, Facultad de Ciencias Jurídicas y Sociales de la Universidad Nacional de La Plata (UNLP)

Assistant Researcher, Faculty of Legal and Social Sciences of the National University of La Plata (UNLP). Researcher-collaborator of the groups "Law of Refugees and Brazil", of the Faculty of Law of the Federal University of Paraná (Brazil), and "Tradiction of Natural Law", of the Department of Graduate Law of the Federal University of Pará (Brazil). Member and Researcher of the Human Development & Capability Association (HDCA).

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Published

2020-10-29

How to Cite

Carvalho Mendonça, M. T. (2020). Is Legal Positivism capable of substantiating Human Rights? An analysis from the ethics of Natural Law. República Y Derecho, 6(6), 1–25. Retrieved from https://ojs3.derecho.uncu.edu.ar/index.php/revista/article/view/155

Issue

Vol. 6 No. 6 (2021): (Continuous publication)

Section

Articles

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