İNSAN HAKLARI - Deneme Sınavı - 6

The article 39 of the Magna Carta states 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).

This article demonstrates the end of the unlimited authority of King, which might be called a revolution in the history of rights discourse as well.

With this agreement – according to Article 61 – the system of checks and balances was created. As of Magna Carta agreement, the King’s decisions and actions were began to overseen by barons and the King lost his impunity.

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 Universal Declaration of Human Rights, accepted in 1948, has been the prime source for the following documents of human rights. The correct answer is Choice C.

The Universal Declaration of Human Rights, accepted in 1948, has been the prime source for the following documents of human rights. Almost all human rights documents till the Universal Declaration of Human Rights were final whistles for their previous epoch, and have been a fire starter for a new world. Whether natural law theories of ancient Greeks, Hammurabi’s Codes for ancient Babylon and religious orders can be considered a kind of human rights document is controversial, though they all were aiming to create or to reach a common and/or individual “good”. The correct answer is Choice E.

Magna Carta Libertatum was accepted in 1215.

Magna Carta Libertatum is also known as the Articles of Barons. The correct answer is Choice D.

English Bill of Rights can be regarded as the first document on the right of individuals about their life and religious thoughts.

Magna Carta Libertatum, also known as the Articles of Barons, is far away from the current human rights thought from which we deduce the modern law practices. During the late 12th and at the beginning of the 13th century, there was no mention of the value of a human being, but there were only two bodies or persons which have value among the residents of the empires: King and the Church. Infinite authority of these two bodies could not be probed or opposed in that times according to Zeitgeist of the era. They had unlimited sovereignty over the society. They did not have to respect any of the human values in their ruling practice. The rebellion movements of the Barons were a result of the repression of the king and the authority of the King began to erode. King John (1166-1216) – King of England during that period – had several dissensions with the barons, just because of the protracted wars and high taxation that drive the society into a corner. Besides that, English army under the King John’s rule lost many lands to France. These pressures paved the way to an inner resistance and ended up with an agreement called the Magna Carta in 1215. The correct answer is Choice E.

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 Choice B.

But before the United States Declaration of Independence, we should mention the Virginia Declaration of Rights published just a month before it, in the year 1776. Especially the first article of this declaration might have been the cradle of thought behind all human rights documents: “That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.” (Virginia Declaration of Rights, 1776)

This article triggered not only the United States Declaration of Independence, but also all other modern human rights legal writings.

That is the reason of its being considered as the first human rights document in the modern sense, because of its talking about equal rights of every human
being, not only from rights of some people as barons.

“Building on the English Bill of Rights, the U.S. Declaration of Independence (1776) announced the secession of the thirteen American colonies from England. Largely written by Thomas Jefferson, and influenced by liberal thinkers like Locke and Paine, the declaration advanced a conception of the social contract based on a doctrine of fundamental natural rights. The notion that “all men are created equal, that they are endowed by their Creator with inalienable rights, that among these are life, liberty, and the pursuit of happiness,” had an electrifying effect far beyond the thirteen colonies.” (Ishay, 2007, 488).

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”. We witness these heirships between the consecutive documents on human rights. As of the Declaration of Independence, individual rights began to take place in the significant legal articles. But before the United States Declaration of Independence, we should mention the Virginia Declaration of Rights published just a month before it, in the year 1776. Especially the first article of this declaration might have been the cradle of thought behind all human rights documents. The correct answer is Choice C.

After a long period of colonial wars and sufferings, a new state was established on July 1776. Just a month after the Virginia Declaration of Rights, United States gained his independence from England with the Declaration of Independence. The correct answer is Choice D.

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 paved the way for, and are also harmonic with modern human rights theories. 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 has lasted till today.

Another momentous document in human rights history is the French Declaration of the Rights of Man and Citizens declared on August 26 by the French Constituent Assembly, in 1789. The declaration ‘the rights of man and of citizens” is one of the most significant results of the French Revolution. It has been also criticised from different points of view by different thinkers. The political scientists and the historians, thoroughly appreciating its importance, have repeatedly come to the conclusion that the Declaration had no small part in the anarchy with which France was visited soon after the storming of the Bastille. The debate on the relation of the French Declaration with the American Declaration of Independence goes beyond the discussion about the influence of Contract Social in the French Declaration. Jellinek asserted that the French Declaration was substantially a nearly copy of the American Declaration of Independence. Te correct answer is Choice D.

Universal Declaration of Human Rights (UDHR) was adopted by the General Assembly of the United Nations on 10th December 1948, and this day is declared as Human Rights Day and is celebrated annually across the world on 10 December every year. “Although not legally binding, it was to serve as a set of guidelines for nation-states to follow, drawn from shared moral principles. Indeed, despite being promoted primarily by the United States and its Western allies, UDHR contains not only the civil and political rights traditionally advocated by Western liberal-capitalist democracies, but economic, social and cultural rights as well. Despite the abstentions of Saudi Arabia, South Africa, the Soviet Union, and the other five states, there was surprisingly little disagreement on the construction of the Declaration. The correct answer is Choice A.

Universal Declaration of Human Rights (UDHR) was adopted by the General Assembly of the United Nations on 10th December 1948, and this day is declared as Human Rights Day and is celebrated annually across the world on 10 December every year.

Before the Sophists, this conception had already been put forward by the Presocratics. But with the Sophists, an opposition between physis and nomos has emerged which leads us to the idea of natural law. In other words, it was asserted that conventional laws are changeable but natural laws are not. Doğru cevap " A " dır.