CRITICAL CONTEXTS of LAW- STORY( answer the questions) Essay

CRITICAL CONTEXTS of LAW- STORY( answer the questions) - Essay Example In turn, this conflict is further mirrored by the confusion regarding the difference between a civil liberty and a human right. It is submitted that the criticism of the philosophical concept of human rights as a reality centres on the dichotomy between the deontological â€Å"shared ethics† paradigm and the utilitarian approach (Donnelly, 2003, p.7). On the other hand, a â€Å"civil right† whilst related to human rights is completely distinct and specifically relates to a legal right which can be protected and exercised under civil law (Foster, 2008, p.10). As such, a civil right may include a human right but is completely distinct from a human right (Foster, 2008). For example, under the civil law common law jurisdiction in the UK, individuals have rights not to be injured or the victims of negligence or nuisance as part of a civil right (Foster, 2008). Whilst civil rights are exercisable and protected by the state, human rights on the other hand are not automatically exercisable, which in turn has perpetuated a debate as to whether the concept of human rights are in fact a â€Å"fiction† of modern, western liberal democracies (Reed, 2007, p.11). ... Indeed, this very point is the fundamental distinction between a civil right, which is enforceable and exercisable on the one hand in contrast to the individualistic concept of a human right on the other. Furthermore, Donnelly highlights the point that the â€Å"the ability to claim rights, if necessary distinguishes between having a right from simply being the (rights-less) beneficiary of someone else’s obligations. Paradoxically, then â€Å"having† a right is of most value precisely when one does not have the right† (Donnelly, 2003, p.8). It is submitted that this observation is arguably crucial to the practical success of the shared ethics paradigm in terms of the innate morality informing human adherence to basic fundamental rights. Moreover, Donnelly questions the notion of â€Å"shared† rights as in a â€Å"Hobbesian state of nature, rights would never be respected; at best disinterest or self interest would lead duty-bearers not to deny the right h older the object of her right (Donnelly, 2003, p.8). Accordingly, Donnelly’s points highlight the point that whereas ethics refer to the morality of human rights, this can contrast with the actual enforcement of morality as defined by ethical theory, which again highlights the fundamental distinction between an enforceable civil rights on the one hand and human rights on the other. Indeed, Donnelly highlights the point that â€Å"â€Å"Human rights traditionally have been thought of as moral rights of the highest order. They have also become, as we will see in more detail later, international legal rights† (Donnelly, 2003, p.11). As such, this has led to commentators questioning the concept of human rights in international