As stated in Chapter 1, this study examines the how human rights compare in Communist and Democratic countries. This chapter is organized by the three sub-questions used to explore and answer the main question. The study first examines Communist and Democratic ideas about human rights; then moves on to explain what human rights in Communist and Democratic countries are protected by natural laws; and finally explores what human rights are protected by positivist laws in Communist and Democratic countries. How do Communist and Democratic governments view human rights? Communism view human rights as harmful to the concept of utopia and self serving instead of serving the community. Human rights are “the rights of an egoistic man, separated from
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Communism believes that laws are only produced to prevent chaos that occurs in a class oriented system. According to Communism, natural law is preached by the bourgeoisie class who derive these natural laws from God’s commandments. Communism does not believe in God or religion and has no origin for natural law. On the flip side, Democracy is based on natural law. Natural laws are a body of unchanging moral principles used as the basis for human conduct. Democratic governments use basic natural laws which are the foundation of human rights and protect them, uphold them, and use them as a starting point for government policies and social rules. Democracy upholds the fundamental essentials of natural law which include “human dignity, human life, the institute of the family, and the equity of the social order” (Zenit Staff, 2007) Democracy aims to pursue the idea that all people should be able to live freely and have …show more content…
Positivist laws are those created by man which are enforced by the government marking certain actions as taboo or illegal. What human rights are protected by positivist laws in Communist and Democratic countries? Communism creates laws that reflect the desires of the working class instead of the bourgeoisie in order to reduce exploitation. These proletariat or working class desires fluctuate and so Communist legislation must possess elasticity. Communism believes that a revolutionary dictatorship is the only way that the proletariat desires can be fulfilled and so the human rights protected by Communist positivist law vary and do not apply to the bourgeoisie class. Communism does not however protect the right to own private property that is against the fundamental Marxist ideology. Democratic positivist laws however seek to make legal the natural laws which are what the universal standard of human rights are based on. This standard is outlined in the Universal Declaration of Human Rights (UDHR). Democratic governments protect the rights to expression, association, assembly, and movement; freedom of speech; freedom of the press; right to equality before the law; the right to life; and the right to work, social security, and
Communism believes that laws are only produced to prevent chaos that occurs in a class oriented system. According to Communism, natural law is preached by the bourgeoisie class who derive these natural laws from God’s commandments. Communism does not believe in God or religion and has no origin for natural law. On the flip side, Democracy is based on natural law. Natural laws are a body of unchanging moral principles used as the basis for human conduct. Democratic governments use basic natural laws which are the foundation of human rights and protect them, uphold them, and use them as a starting point for government policies and social rules. Democracy upholds the fundamental essentials of natural law which include “human dignity, human life, the institute of the family, and the equity of the social order” (Zenit Staff, 2007) Democracy aims to pursue the idea that all people should be able to live freely and have …show more content…
Positivist laws are those created by man which are enforced by the government marking certain actions as taboo or illegal. What human rights are protected by positivist laws in Communist and Democratic countries? Communism creates laws that reflect the desires of the working class instead of the bourgeoisie in order to reduce exploitation. These proletariat or working class desires fluctuate and so Communist legislation must possess elasticity. Communism believes that a revolutionary dictatorship is the only way that the proletariat desires can be fulfilled and so the human rights protected by Communist positivist law vary and do not apply to the bourgeoisie class. Communism does not however protect the right to own private property that is against the fundamental Marxist ideology. Democratic positivist laws however seek to make legal the natural laws which are what the universal standard of human rights are based on. This standard is outlined in the Universal Declaration of Human Rights (UDHR). Democratic governments protect the rights to expression, association, assembly, and movement; freedom of speech; freedom of the press; right to equality before the law; the right to life; and the right to work, social security, and