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Kaufmann, Matthias --- "How right is the basis of law" [2019] ELECD 1810; in La Torre, Massimo; Niglia, Leone; Susi, Mart (eds), "The Quest for Rights" (Edward Elgar Publishing, 2019) 109

Book Title: The Quest for Rights

Editor(s): La Torre, Massimo; Niglia, Leone; Susi, Mart

Publisher: Edward Elgar Publishing

Section: Chapter 7

Section Title: How right is the basis of law

Author(s): Kaufmann, Matthias

Number of pages: 15

Abstract/Description:

The question whether a certain group of persons has a concept of right may be understood in very different ways, affecting the views on the ‘historicity’ or ‘necessity’ of rights. The question whether a group has a right will have to be approached differently when it comes to legal and moral rights. Therefore, the meanings of ‘right’ and ‘morals’ and their mutual relations have to be clear. Currently, legal systems are facing the problem of legal pluralism, hence law cannot be seen as one eternal and global natural law and should not be seen as the dictate of some kind of irresistible power. Instead, we should interpret law as the result of rational negotiations between human beings who are obligated to maintain or improve the situation of human rights. In this legitimating sense, they are at the basis of any legal system.