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

captious CONTEXTS of LAW- STORY( answer the questions) - Essay ExampleIn turn, this conflict is further mirrored by the confusion regarding the discrimination between a civil liberty and a homosexualkind chasten. It is submitted that the criticism of the philosophical concept of human rights as a reality centres on the dichotomy between the deontological dual-lane ethics paradigm and the utilitarian approach (Donnelly, 2003, p.7). On the other hand, a civil right whilst related to human rights is completely different and specifically relates to a legal right which can be protected and exercised under civil faithfulness (Foster, 2008, p.10). As such, a civil right may include a human right simply is completely distinct from a human right (Foster, 2008). For example, under the civil uprightness common law jurisdiction in the UK, individuals start rights not to be injured or the victims of negligence or pain in the ass as part of a civil right (Foster, 2008). Whilst civil ri ghts are exercisable and protected by the state, human rights on the other hand are not automatically exercisable, which in turn has perpetuated a knock over as to whether the concept of human rights are in fact a fiction of modern, western informal democracies (Reed, 2007, p.11). ... Indeed, this very pinnacle is the fundamental distinction between a civil right, which is enforceable and exercisable on the angiotensin converting enzyme hand in contrast to the individualistic concept of a human right on the other. Furtherto a greater extent, Donnelly highlights the point that the the ability to claim rights, if necessary distinguishes between having a right from simply being the (rights-less) beneficiary of someone elses obligations. Paradoxically, then having a right is of most value precisely when one does not arrive at 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 shared rights as in a Hobbesian state of nature, rights would never be respected at best neutrality or self interest would lead duty-bearers not to deny the right holder the object of her right (Donnelly, 2003, p.8). Accordingly, Donnellys points highlight the point that whereas ethics refer to the morality of human rights, this can contrast with the material 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 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, external legal rights (Donnelly, 2003, p.11). As such, this has led to commentators questioning the concept of human rights in internatio nal