Analysis Of The Legal Philosophy Of Human Rights

Human rights is a hot issue at the age of present, and the origin of human rights is far-away from now. The issue of human rights refers to many fields, such as philosophy, politics, legal and so on. Over a long period of time, lots of works on human rights have been published. But few authors study human rights or the relationship between human rights and law from the view of philosophy of law so far. So in this paper, the author try to understand human rights and reveal the relationship between human rights and law from the view of Marxism philosophy of law.Human rights is a historical concept. The relationship between human rights and law is also a historical topic. Human rights is a historical product resulting from the development of society, and the specific content of the theory of human rights would be getting richer and richer following the developing of society. The relationship between human rights and law is the center and the accumulation of various human rights theories in the history of legal thoughts. Human rights is the study core of the contemporary philosophy of law. The science of philosophy of law pays close attention to legal idea and the realization of legal idea. Philosophy of law is a philosophy of inquiring into the value of law. Human rights is just the core of legal idea. So in another word, it is the idea of human rights and the institutionalization and realization of such idea that be concerned by philosophy of law. Along with the institutionalization and realization of the idea of human rights, the problem of human rights would be solved. This progress is restricted by some objective factors, such as economic and political conditions, but depends on the elaborating of subjectivity of the subject of rights more directly. Subjectivity is the life of human rights, and is the eternal force to the institutionalization and realization of the idea of human rights. It is the key to promotehuman rights state and realize democracy and rule of law that elaborating the subjectivity enough and correctly. Law is the confirmation about the subjectivity of human rights. Human rights is the principle of law, and the supreme value of law as well. From the view-point of philosophy of law we can conclude that the spirit of law is human rights, in a word, human rights is law. The supreme aim of law is to realize the idea of human rights, which means the individual free and comprehensive development of the people. The history of law is quite right the history of human rights. The realization of the idea of human rights exactly means the disintegration of the system of human rights, and the system of legal rights as well .