How does policy-oriented jurisprudence define law?
In what articles of the 1948 Universal Declaration of human rights are the eight values of a world order of human dignity reflected? Expand on those articles, and support answer with certain cases in that regard.
What are the major innovations of the 2007 UN declaration on the rights of indigenous people compared to the 1948 Universal declaration of human rights? What is its legal effect? support answer with cases in that regard.
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The response addresses the queries posted in 4024 words with references.
//This paper will help in understanding the ways through which the policy oriented jurisprudence helps in defining law. It will define the eight values of a world order that reflect human dignity in relation to the articles of the 1948 Universal Declaration of Human Rights. The paper will also highlight the major innovations of the 2007 UN declaration on the rights of indigenous people in comparison to the 1948 Universal declaration of human rights along with its legal effects//.
Jurisprudence is conceived as a theory about law, which helps in analyzing, explaining, classifying and criticizing all the bodies of law. In simpler words, jurisprudence is a practical science that helps in providing a wiser interpretation to the given laws, using them appropriately in accordance with their suitability. On the other hand, the policy oriented jurisprudence is the jurisprudence, which claims to formulate a theoretical architecture that gives the practitioner of laws a method that helps in analyzing and dissecting the various variables related to laws (Lasswell & McDoughal, 1992).
The policy oriented jurisdiction in a way rejects the traditional view of law by referring it as a firm and intact body of rules that operates automatically and independently from the social and political context and not at all practically used by the decision makers in their day to day issues. It approaches international law as the ever evolving and progressive social process that regularly updates and formulates the existing policies in order to suit the claims and counterclaims. In fact, it is said to be the most innovative and effective theory that contributes in serving many different intellectual functions and purposes and is regarded as the most appropriate to the larger community of mankind that will help in replacing the confusion and lesser knowledge about the inherent theories of some of the international laws.
It gives stress on the need to relate decision making to the larger interests of the community in an interdependent world. The process of decision making referred here constitutes of two kinds of decisions; constitutive and public order. The constitutive decisions relate to the procedures, which are necessary for the performing of seven decision functions namely; promotion , intelligence, prescription, termination, innovation, application and appraisal; whereas, public order decisions relate to the decisions that result from the adoption of constitutive process, and are specifically designed to protect the community values. The policy oriented movement helps in identifying and characterizing a wide variety of relevant factors that help in the process of human rights creation in relation to the international laws (Boczek, 2005).
Along with its positive aspects, the policy oriented jurisprudence also possesses some negative aspects. It is said to be the most sophisticated and complex approach to law, which sometimes acts as a deterrent to the international legal scholars, who are not that much familiar with the 'meta-language' of the behavioral science. This in turn makes improper suggestions which could be expressed easily in the traditional methodology of international law. One of the other criticisms of policy oriented jurisprudence is that it sometimes ignores the reality of the norms and virtually dilutes the original concept of law in its conceptualization process (Shaw, 2003).
// In the above text, we have learned about the meaning of the policy oriented jurisdiction and how it helps in defining the law. Now, we will have a look at the relevance of 1948 Universal Declaration of human right along with its articles that includes the 8 values of world order of human dignity //.
The human rights are said to be the international norms that are formulated with a view to protect the people around the world from severe political, legal and social abuses. The rights considered under the human rights are the right to freedom of religion, right to free trail in case of charge of crime, the right for not to be tortured and the right to be engaged in the political activity, etc. The national and the international laws of the world consist of various such kinds of laws related to human dignity and welfare and are generally intended to address the governments with the requirement of effective compliance and enforcement in their respective nations. The human rights came into presence out of the Universal Declaration of Human Rights (United Nations, 1948) and many other international organizations like United Nations, the Organization of American States, the Council of Europe and the African Union.
The basic aim of the declarations was to set the minimum international standards for the purpose of protecting the rights and freedom of individuals all around the world and to formulate and establish a foundation for the international laws to be executed and followed by the different nations of the world. For the purpose of making it clear and understandable for all the nations of the world, the declaration documents got translated into over 3000 languages and dialects.
The Universal Declaration of Human Rights (1948) provides a list of some specific human rights that the countries of the world are required to protect and respect (Universal Declaration of Human Rights (1948), n.d.).
Some of the articles of the declaration contain the eight values of world order of human dignity. The following are those articles in the Universal Declaration of Human Rights (1948):
Article 1- Obligation to respect human rights
The article says that each and every individual is born free and is equal in relation to dignity and rights. The individuals are provided with conscience and intellectual and therefore they should behave with one another in a spirit of brotherhood. When the individuals will live with a sense of respect and care for each other, then only a hatred free environment can be created all over the world.
Article 2 - Prohibition of discrimination
It states that everyone is entitled to all the rights and freedoms that are formulated under the declaration, with respect to not having any kind of distinction concerning race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Also, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs. This kind of declaration would lead to a sense in the individuals that all are one and any distinction of religion or belief cannot be held responsible for treating them differently (Universal ...
The response addresses the queries posted in 4024 words with references.