Belfast, United Kingdom

Law - Human Rights Law and Transitional Justice

Master's
Language: EnglishStudies in English
Subject area: law
Qualification: LLM
Kind of studies: full-time studies, part-time studies
Master of Laws (LLM)
University website: www.ulster.ac.uk
Human
Humans (taxonomically Homo sapiens) are the only extant members of the subtribe Hominina. The Hominina are sister of the Chimpanzees with which they form the Hominini belonging to the family of great apes. They are characterized by erect posture and bipedal locomotion; high manual dexterity and heavy tool use compared to other animals; open-ended and complex language use compared to other animal communications; and a general trend toward larger, more complex brains and societies.
Human Rights
Human rights are moral principles or norms that describe certain standards of human behaviour, and are regularly protected as natural and legal rights in municipal and international law. They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being", and which are "inherent in all human beings" regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture and execution.
Justice
Justice is the legal or philosophical theory by which fairness is administered. The concept of justice differs in every culture. An early theory of justice was set out by the Ancient Greek philosopher Plato in his work The Republic. Advocates of divine command theory say that justice issues from God. In the 17th century, theorists like John Locke advocated natural rights as a derivative of justice. Thinkers in the social contract tradition state that justice is derived from the mutual agreement of everyone concerned. In the 19th century, utilitarian thinkers including John Stuart Mill said that justice is what has the best consequences. Theories of distributive justice concern what is distributed, between whom they are to be distributed, and what is the proper distribution. Egalitarians state that justice can only exist within the coordinates of equality. John Rawls used a theory of social contract to show that justice, and especially distributive justice, is a form of fairness. Property rights theorists (like Robert Nozick) take a deontological view of distributive justice and state that property rights-based justice maximizes the overall wealth of an economic system. Theories of retributive justice are concerned with punishment for wrongdoing. Restorative justice (also sometimes called "reparative justice") is an approach to justice that focuses on restoring what is good, and necessarily focuses on the needs of victims and offenders.
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.
Law
There is no worse torture than the torture of laws.
Lord Bacon, folio edition, Vol. I. 440, 441.
Rights
It shall not be in the power of any man, by his election, to vary the rights of two other contending parties.
Lord Mansfield, Drinkwater v. Goodwin (1775), Cowp. 251.
Justice
Justice is itself the great standing policy of civil society; and any eminent departure from it, under any circumstances, lies under the suspicion of being no policy at all.
Edmund Burke, Reflections on the Revolution in France.
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