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Essay / Research Paper Abstract
This 29 page jurisprudence paper considers the quote " key concept (perhaps the key idea)in contemporary political, moral and legal philosophy is that of rights". This is examined with consideration of the basic foundation and purpose of the law, the role of liberalism and the way it has influenced and is influenced by the Human Rights Act 1998. The paper is written with reference to UK law. The bibliography cites 20 sources.
Page Count:
29 pages (~225 words per page)
File: TS14_TErights.rtf
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Unformatted sample text from the term paper:
be seen as a key concept in many aspects, however we also have to consider the way that rights are framed and a context. Whilst it would be inappropriate to
argued for a utilitarian state, where the good of the majority was that which would be accepted, this is still a principle that is seen. However, with increasing legislation, such
as the Human Rights Act 1998, there is also increase emphasis of the right of individuals. The issue of rights does not only extend to individuals, but also groups.
Indeed, we can argue that the entire foundation of English law was based on the creation of rights, such as those seen with the signing of the Magna Carta in
1215, and a range of acts since that time have been aimed at protecting the rights of the citizens1. These have included the Bill of Rights 1688, in Scotland the
Claim of Right 1689, and freedom and rights are dealt with in Habeas Corpus Act 1679, the Police and Criminal Evidence Act 1984, and the Public Order Act 1986 and
now the Human Rights Act 19992. If we are going to look at the issue of rights we may start with
the theoretical foundation of the role that rights and the way these are seen in terms of ethics and moral are enforced or created in society and how we
can consider the place of rights and how they may clash or be enforced. With this background we may then consider the place of liberalism in legal theory as this
looks at the issue of rights. The final consideration can then be Human Rights Act 1998. 2. Rights, morals and ethics Looking at rights as the foundations of contemporary
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