The History Of The Concept Of Human Right And Logical Examination

With the human right written in the constitution, the concept of human right began to be focused on by more and more people. Whether the concept of human right can be understood correctly is not only a vital importance to the understanding the point at issue of the human right field, but also concerns setting up and perfecting the ensuring system of the human right. But as to the understanding of human right, every nation and every country form different concepts of human right, varied with culture types, historical traditions, political ideas, law awareness, economic beliefs, adding the history of human right full of the conflicts between idea and fact, tradition and reform, morality and law, privilege and equality, right and knowledge .So the concept of human right has become one of the complicated and controversial great issues in the human studies. Facing so enormous human right world, this essay tries to restore the complicated and confused concept of human right, and then clarify it, with the aspects of the history trends of the concept of the human right ,Marxism concept of human right, and logical connotation of concept of human right.From the development of western concept of human right, the acknowledgement of human beings' right was deepened with the development of social practice, while the concept of human right was in the course of developing. From ancient Greek and Roman embryonic stage, to the prosperity during Renaissance and Enlightenment ,from the end of 19 th century to the downcast of the 20 th century, to the second prosperity after World War II. The birth of human right was closely connected with economics, politics and social development. Although human right was of common value, it has different meanings varied with different classes, different people and different times.From the rational explanation of Marxism human right, the concept of human right is concrete, historic, and it must vary with the development of history conditions. It is the reflection of economics, and is confined with the social economic culture condition. People in different periods have different criteria and different human right situations. The subject of human right is concrete, historic and people from different periods who were entitled with human right were the one in power. The content always lies in the specific history period, embodied the content of specific period. The right of human beings and the nature of the form existence adjusted to each other. It is the right of all humans, and the unity of the special rights of being as a social member and individual right of individual character; human right is the means of realizing revolution of all humans.From the logical explanation of the concept of human right ,its connotation embodies morality, law, political idea. First, from the point of morality, human right is the basic right that humans should enjoy as human beings. Second, the law ensure and guarantee human right, at the same time it also confines its sphere and realization. Last, as to the modern society human right is our destination, whereas it is the ideal means.To sum up, this essay is based on historic conditions, cultural background and subject states, guided by Marxism theory of human right, putting the human right as a developing concept, so sets up an open , containing , historic modern concept of human right, and it is of much reference value in pushing the modern world of concept of human right united.