İNSAN HAKLARI - Deneme Sınavı - 12

After the Magna Carta Libertatum, legal and juridical concepts had started to change. St. Thomas Aquinas has been one of the philosophers who contributed to these developments. “Aquinas produced a systematic introduction to theology, including the definition and classification of kinds of law. Aquinas defines law in general as a role of human action determined by reason, directed towards the common good shared by all humans.” (Hayden, 2001, 43). Aquinas classifies four forms of law as eternal law, natural law, divine law and human law. These are the basic parts of law and related to human beings; namely their doing good and avoiding evil in their actions.The correct answer is D.

The fundamental documents of human rights from the USA are :

II.Virginia Declaration of Human Rights

III. United States Declaration of Independence

The correct answer is D.

While the English Bill of Rights proclaimed the “ancient rights and liberties” as English legal practices; United States Declaration of Independence as well as the Virginia Declaration of Rights, defended and stressed “equality, universality and freedom”. When we look at the elements given in the question, II.Universality and IV.Equality are among the elements that both United States Declaration of Independence and the Virginia Declaration of Rights defended and stressed. Therefore, the correct answer is C.

The articles of Magna Carta were consist of very unique and epochal statements, and that is the reason that we took this agreement as an archetype example of human rights documents. If it has been compared with the current law practices – for example – the article 39 may be seen the root of modern legal theory. Clause 39 of Magna Carta provides that ‘No freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we take or order action against him, except by the lawful judgment of his equals and according to the law of the land’ and guarantees that the government will not act against its citizens except in accordance with the law. (Sol 2016: 67) The correct answer is C.

On the 26th of August in 1789, the French Declaration of the Rights of Man and Citizens was announced in the National Assembly. This declaration has been a turning point not only for human rights, but also for all successor governments. The articles of this Declaration of rights were well prepared and also harmonic with modern human rights theories. That what makes this declaration unique was its emphasis on the term “common good” instead of natural law. The term “common good” has begun to be a basis for human rights and for justifying human rights, and it lasted till today. The correct answer is E.

Like the United States Declaration of Independence, French Declaration of the Rights of Man and Citizens also started with the emphasis on the equal rights at birth: “Men are born and remain free and equal in rights. Social distinctions may be based only on considerations of the common good.” (French Declaration of the Rights of Man and Citizens, 1789) With this article, this declaration stressed distinctness between the rights as a citizen and rights which comes with the birth, as all modern human rights articles. However, the rights of animals were not mentioned there. The correct answer is B.

The documents of human rights in the history are as folllowing with the dates they were released :

Magna Carta Libertatum (1215), The English Bill of Rights (1689) Fundamental Human Rights Documents from USA: Virginia Declaration of Human Rights (1776) and United States Declaration of Independence (1776) The French Revolution and French Declaration of the Rights of Man and Citizens (1789) Universal Declaration of Human Rights (1948).

The correct answer is A.

Magna Carta Libertatum was not a human rights document in the sense of modern human rights documents. But if we take the political conditions of the 13th century into consideration , it can be seen as a milestone in the human rights history. The correct answer is A.

English Bill of Rights can be regarded as the first document on the right of individuals about their life and religious thoughts. “That election of members of Parliament ought to be free.” (English Bill of Rights, 1689) Free election for the parliament – also it is still one of the core political values– was secured in this document. “That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious and That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law” (English Bill of Rights, 1689). The correct answer is B.

J. Mendes didn't work about it

It should be 18 th

Spain Declaration is not one of them

Since “human rights” means different things in different historical and cultural contexts, and advocacy of such rights has frequently been challenged as subjective, it leads to search for a thoroughgoing objective criterion for human rights. In the eighteenth and nineteenth century, some European philosophers focused on the idea of “human rights” or “rights of man” as a body of rights which should be based upon a concept of human being. They developed a corpus of human rights to be afforded to mankind, and human rights found its legal expressions in the different legal, national documents.The correct answer is therefore A.

Human rights are the rights of everyone who belongs to the human species. They are rights which all humans equally enjoy simply because they are human. They are believed to be shared by all human beings undue to their nationality, age, race, gender, language, occupation, religion, income, social standing or sexual orientation (Tepe, 2014, 60).The idea of human rights is justified by means of human dignity or the value of man. Every human person is regarded as a valuable or dignified person, because of having these potentialities in his/her nature. So, the idea of human rights can be justified by means of understanding human dignity or the value of man. The concept of human dignity indicates the ethical dimension of human rights. The correct answer is D.

The core idea of human dignity is that on earth, humanity is the greatest type of beings, and that every member deserves to be treated in a manner consonant with the high worth of the species. Katleb considers the human dignity as an existential value; value or worthiness is imputed to the identity of the person or the species. The correct answer is B.

Katleb considers the human dignity as an existential value; value or worthiness is imputed to the identity of the person or the species. He stipulates that when the truth of identity is at stake, existence is at stake; the matter is existential. The idea of human dignity insists on recognizing the proper identity of individual or species; recognizing what a person is in relation to all other persons and what the species is in relation to all other species. The correct answer is C.

The core idea of human dignity is that on earth, humanity is the greatest type of beings, and that every member deserves to be treated in a manner consonant with the high worth of the species. Katleb considers the human dignity as an existential value; value or worthiness is imputed to the identity of the person or the species. He stipulates that when the truth of identity is at stake, existence is at stake; the matter is existential. The idea of human dignity insists on recognizing the proper identity of individual or species; recognizing what a person is in relation to all other persons and what the species is in relation to all other species. But some others, as Kuçuradi, rest on a different conception of dignity based on a distinct account of human being and of value. Every human being is considered as a valuable or dignified because of having some potentialities in him/his nature. “By the term of ‘the value of the human being’ ” Kuçuradi indicates the special place of this being occupies among other living beings. What provides this special place to him/ her is the entirety of his characteristics, his potentialities which distinguishes him/her from other living beings. They are the activities special to human being and some products of these activities. The correct answer is E.

The concept of human rights suffers from indefiniteness. We encounter different concepts of human rights both in theoretical debates and in international documents of human rights. Many voices the same term, but mean different things, and that raises various problems in theory and practice of human rights. Therefore, the clarification of the concept of human rights has been one of the main theoretical issues for philosophers for a long time. To have a clear concept of human rights has been considered a key for responding the question which rights should be included in human rights and which are not. This challenge used to be called the problem of criterion for human rights. The correct answer is C.

Honour as individual feelings and pride is also a feeling which has to do with an individual’s relation with ourselves. However, human dignity is not a kind of feeling related with ourselves. “ ‘Honour’ denotes the esteem paid to the worth, or assumed worth, of an individual. This worth can consist of ethical specificities of a person- of his virtues, …; but it can also be considered to be consist of correspondence of an individual’s behaviour to the value judgement prevailing in a culture” (Kuçuradi, 2013e, 102). The correct answer is B.

Kant defines human being as a dual creature who belongs to both the world of phenomenon and noumenon. This kind of duality means that man is endowed with reason, meanwhile with desires. Kant distinguishes between theoretical and practical reason, thinking and willing. As a creature endowed with reason, man is able to act ethically according to the law of reason or moral law: act only in accordance with that maxim through which you can at the same time will that it become a universal law. To have the capacity to act according to the moral law or law of reason consists of human nature in Kant’s theory of man. Being endowed with reason makes possible to act ethically and it differentiates man from other creatures which are not able to act ethically due to their biological nature. The correct answer is A.