John’s Mitchell Finnis theory of natural law as a philosophical base of human rights

Abstract

The present work concentrates on the history of sources of human rights and their philosophical background. The main responsibility for the realization of human rights lies with the state and international community. However, the responsibility of the international community is of the secondary character. The sources of human rights can be understood in two ways: in terms of formal and material. The first refers to the ways in which the law has been expressed and where it exists. The material perspective is associated with circumstances and factors to which rights and laws owe their existence. Respect for human rights implies the involvement of the state in different spheres of life. This applies in particular economic, social, cultural and environmental protection. In addition, the protection of human rights supports the activities of national and international non-governmental organizations. Along with the doctrinal development of human rights freedoms the phase of their implementation took place. While philosophically values of respect for individual rights had already appeared in ancient times, the realization of those rights in specific regulatory standards and practice of social life took place much later. One of the most important contemporary theories of natural law is the theory of John M. Finnis, who besides Germain Grisez, Joseph Boyle, William Maya and Robert George became an important representative of the so-called a new school of natural law.