The Foundational Philosophy Of Human Rights And Freedom

Abstract

Undoubtedly, the philosophy of human rights is one of the most significant legal topics that has garnered considerable attention from university professors, legal researchers, and those interested in humanitarian issues on international, regional, and national levels. This philosophy is not a recent development; rather, its origins are deeply rooted in historical and philosophical foundations. It evolved with the formation of human societies in ancient and medieval times. The authoritarian political power of rulers and kings and the prevailing class divisions in society led to severe violations of human rights and freedoms, granting rights to certain groups while excluding others. Thus, our research highlights the importance of understanding the foundational philosophy of human rights and freedoms. The legal struggles and reforms advocated by thinkers and philosophers of ancient and medieval times, along with the statutory laws issued by rulers and social customs of those eras, have significantly contributed to the evolution of the concept of human rights. Consequently, marginalized groups gained access to certain personal, economic, social, and political rights and freedoms. Furthermore, the noble principles and teachings of Christianity, which emphasize respect for human dignity, and the crucial tenets and rulings of Islamic Sharia, which fundamentally underlie the emergence of rights, freedoms, and the protection of human dignity, must also be recognized. In modern times, prominent intellectual and philosophical theories have emerged, whose legal value lies in establishing the foundational framework of the state and the origination of the legal principles of human rights and freedoms. Based on the above, this study is divided into two main sections. The first section addresses the historical origins of human rights, encompassing the civilizations of the ancient Eastern and Western worlds, with a focus on Mesopotamian and ancient Egyptian civilizations among the Eastern ones, and Greek and Roman civilizations among the Western ones. The second section illuminates the intellectual and philosophical foundations for the development of human rights, presenting major philosophical theories. The first subsection discusses the theory of natural law, while the second explores the social contract theory. Concluding our study, we present the key findings and recommendations.