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PROJECT TOPIC- PHILOSOPHICAL EXPOSITION OF THE CONCEPT OF HUMAN RIGHT A CASE STUDY OF NIGERIA CONSTITUTION

PROJECT TOPIC- PHILOSOPHICAL EXPOSITION OF THE CONCEPT OF HUMAN RIGHT A CASE STUDY OF NIGERIA CONSTITUTION

CHAPTER ONE

INTRODUCTION

The set objective of this work is to examine the philosophical exposition of concept of human right in any society. The right of a person in the society. The basic of natural right to things and free will of the individual in the act of appropriation, in as much as this will reside in the right of an individual. Human right are rights that attach to human beings and function as moral guarantees in support to our claims towards the enjoyment of a minimally good life. In this context, we have to know or

understand what is concept of rights, for it’s the same thing as natural right or natural law. Both of them are of the same sides of a coin that share the same view. Moreover, in comparative study of different eras or periods, all of them are the audient discipline of natural right or natural law. They concerned themselves with similar objects, though took different routes. The methodology of this work is to examine, the belief system, the ideological learning, the societal norms, the prevailing ethical standard, the mores and the custom of the people in the society.

  • BACKGROUND OF THE STUDY

Concept of right in any society is that the custom demands the right of an individual both male and female in the society. The entitlement and benefits of a person in that society. A right justifiable claim to anything, any privilege or immunity to which me is entitled. The basis of the right to property is the free will of the individual in the act of the appropriation since the will reside in the individual right. A person expresses freedom chiefly in relating to the material

things, using them and exchanging them too appropriately in accordance to norms of the society. Human behaviour must of course be understood first of all as the actions of individuals. Human being expresses their freedom mostly concerned by an act of will. The ethnical standard, the mores and customs of the people in the society. Thus, a right can be defined as a privilege granted by a law. For right is something that somebody is entitled to and there must be a law that entitled him to it. Hence any claim must be accompanied or followed by a justification of such a claim to a right is by an appeal to a law a law this is the law that grants that right.

PROJECT TOPIC- PHILOSOPHICAL EXPOSITION OF THE CONCEPT OF HUMAN RIGHT A CASE STUDY OF NIGERIA CONSTITUTION

1.2 STATEMENT OF THE PROBLEM

In the present day Nigeria, there has been an upsurge in the natural right that even in the most societal areas are now know to be in conflict over this issue .If this epidemic continues unarrested the Nigeria nation will be heading for a very serious set back. If right is deprived from a person means denial of natural right of an individual in the society. Different cultures have different moral practices arising from different nations of moral right and wrong. No culture approves or encourages telling lies as a virtue, incest as a virtue, suicide, rape, cheating, sleeping with other people wives as a virtue. These are fundamental principles of morality and of the law of nature. Finally, this study is set to investigate the various factors responsible for denial of natural right of an individual person in any society and give proper solution to it.

1.3 PURPOSE OF THE STUDY

This study is very significant because its result will be useful for government policy maker who are involves in the formulation of polices that will help the citizens of Nigeria. Secondly, this study will enable us to know our natural right in the society and to follow it suit. Finally, this study will be useful to both the government scholars, researchers, as it will bring out a better solution in our society.

1.4 SIGNIFICANT OF THE STUDY

  The significant of this study is to examine the concept of right in any society. Finally, to make recommendation towards it.

1.5 SCOPE OF THE STUDY

The scope of this work covers the philosophical exposition of the concept of human right. A case study of Nigeria constitution. It equally examines the human right of an individual in the society. It also examines how human intends man to live in society, to strive to preserve one’s people of opposite sex and not between people of the same sex.

1.6 METHODOLOGY OF THE STUDY

 The methodology of this work is to see how the existence of natural plights (fundamental human right) implies the admission of the existence of natural law. This view of right clearly depends on belief in the existence of the natural law, for such right could only be valid and binding by reason of the law, for such right could only be valid and binding by reason of the law of nature. The denial of the existence of natural law implies the denial of the existence of natural rights, for how could there be the natural rights without a natural law, to admit the existence of natural right while denying the existence of natural law is, therefore to imply that there can be right without a law, or that there can be right without duty. Finally, the natural right are the fundamental human rights. They are basic to human experience and necessary for man’s self-fulfillment and happiness.

1.7 DEFINITION OF TERMS

At this juncture, we are going to clarify some of the terms we are going to be using in this work and the sense in which we are going to be using them, some of the terms include the following: Right: In this work, the term right is used to mean that desert and entitlement which an individual enjoy in the society by virtue of being a member of the society who contribute his or her own quota to the growth and development of the society where he or she lives. According to the oxford advanced learners dictionary, “right is

something that is morally good or justified, and required by the law”, (1011) showing that, human right which is the construct often associated with our notion of right is derived from the society’s understanding of morality. Also, Omoregbe Joseph opines that, “A right is a justifiable claim to anything, any privilege of immunity to which one is entitled” (95). The above views of Aristotle shows that in a society, it is believed that the resources of the nation belongs to every member of the society, and that every individual is

equal before the law of the nation, so it will be common to grant an individual his or her due desert and entitlement and any failure to doing this will amount to injustices. In view of this, D.D. Raphal associating the concept of right with the stimulations of the law of the society argues that, “A right is always granted by a law. Hence every right can be traced to a law that grant it” (69). This position of D. D Raphal above shows that, there is a necessary connection between right and the law of the state, for if the law is

unjust, it will not promote the right of individuals in the society, it will rather give more rooms for inequality before the individuals in the society. Human right; this is in this the term human right is used to mean that right that accurse to every individual in the society by virtue of their humanity. This right is a necessary attribute of humanity that is supposed to be recognized by the law of every state or nation. It is inalienable and fundamental to human life. According to Lloyd .D. “ human right is that right that

promotes the humanity of man, shows respect and sanctity to the existence and essence of human life” (105) for views of this Lloyd .D. above, one will understand that, human right is a dictum and maximum which when appealed to will help to enhance and promote the essence of human life which is a good condition and standard of living.  Also, Ozioma .B. Orluwene argues, “The human right is the right which the state owes to the individual by virtue of the social contract between the individuals and the state.

Under this system the citizens have rights and duties which are inherently and inalienability theirs as human beings (48). The point in Ozioma’s claims is that, human right is a kind of entitlement which human beings enjoy by virtual of living in a social system where they surrounded their natural rights and vest. Same under the control of one man who will help to protect their lies and property. Legal right: This is in this work used to mean that right an individual has in the legal system of his society. In a just

society, it is believed that, every individual in the society is equal before the law and the law is a respecter of no man, every individual in the society must be given equal treatment and consideration in the law. It has a lot to do with the principle of rule of law, which is the foundation of all just societies. According to Okpata F.O etal, Legal right is that right which demands that the regular law made by the people’s representative should be a respecter of nobody, and no one should be punished or made to suffer in body or property except for proven violation of their established law of the land (Okpata 73).

It suffices to say from the above that, legal right is that right which an individual enjoys by obeying the laws of the state; by virtue of his obedience to the law and rules or norms of the state, the individual members of the society expect to be protected by the same law. Thus, every individual in the society has equal right and is supposed to be protected by the law except when such a person violates the laws of the state. J.O. Okonkwo also reflected on the nature of legal right when he argues that,

The legal right requires that the fundamental human right of the citizens are natural, inalienable and superior to the constitution. Whenever there is an infringement, the injured person can apply to an independent judiciary (court) for relief or redress ( Okonkwo 78). This goes to show that legal right is inevitably concerned with the humanity of every member of the society, it grants every individual in the society he due desert, freedom and opportunities for self – fulfillment. It does not encourage impartiality or discrimination.

 Natural right: In this work, the term natural right is used to mean that right that derives its essence from the laws of nature. Natural right is the right, which an individual necessarily have as part of the natural existing things. For example, the right of self – preservation; this right is derived from the natural fact that nobody would want to suffer any pain in body or property where he or she has the capacity to save him or her self. According to J.I. Omoregbe, categorized the natural right as follows.

  • The right to live (the right to exist): this right is violated by the acts of murder, suicide, unjustifiable abortion and any other reason except for the purpose of saving the endangered life of the mother (2) the right to happiness: this right is violated by any action that disturbs the peace of another man.

(3) The right to bodily integrity: this right is violated by any act of assault or any injury inflicted deliberately on another ……… (Omoregbe 96).

The above shows that, it is against the principle of natural right to cause harm to the body or property of an individual, or to cause disturbance to the peaceful existence of a person. Thus, by the natural right doctrine, one is entitled to his or her happiness, bodily integrity and right to life, and the law of every society must aim at protecting and preserving these laws which is instituted by natural itself. it is even from this type of law that the doctrine  of human right was derived from. It is in this effect that, G.W. Paton

argues that,  “ Since the natural rights are rights granted by the natural law these rights are superior to any positive law. They are beyond the powers of the state” (221). What this means is that, the natural law can neither be suppressed nor annulled by any human legislation. Any to grant who tries to suppress, annul, or contradict the natural law or natural rights is only preparing his own over throw and his own downfall.

 Civil right: In this work, the term civil right can be used to refer to the right one enjoys by virtue of performing his civil obligations and duties in the society. Civil right refers to that which the state owes the individual for surrounding his natural rights to the state or its representatives to manage, protect and control. It has some thing to do with the fundamental human right of a person. According to Polis .A. and Schwab. P.

Civil right is that right that grant the individual the opportunity to use the state’s amenities enjoys its protections, privileges and suffrage. It cuts across such things as the right to vote and be voted for, the right to vote and be voted for, the right to have a say in how the government of the state is ruined and by whom it is ruined (Polis 252). The above shows that, civil right has a lot to do with a citizen’s participatory level and status in the society. That is, the extent to which an individual is opportune to participate in

the activities of the government, be protect the law of the state and granted the privileges allotted to individuals in the society. Thus in view of this, Lloyd supports civil disobedience and writes that, Not only does such a higher law over ride and nullity the actual rules of a particular society which are shown to violate it, but it follows from this conclusion that the individual citizen may be relieved from his duty to comply with the actual law, and even possess a lawful basis for revolt against the legitimate authority of the state (Lloyd 49).

The import of the above claim is that, it is the civil right of an individual to be protected by the law, have a say in how he is being governed, and entitled to adequate compensation when the actions of the government are to his own detainment. And where the government fails to do these, the citizen is therefore justified to violate the laws of the state. Laws of the state.  Moral right: In this work, the term moral right is used to mean that right that draw its essence from the moral laws. Moral laws are imprinted in the

reason of men, it is centered on the judgment of the conscience and by that, it means that, one has the right to perform certain moral obligations or not, for instance giving arms to the poor. Though it is morally recommended that one should do good or give arms to the poor, it is still how ever the right of somebody to decide whether or vote to do so. Thus, Haring .B. argues as follows: Moral right are those laws that is based on the justification of one’s conscience. It permits one to perform an action either

according to duty, wherein he has some personal inclination to perform the action or for the sake of duty were he perform the action because of the sake of morality (Haring 88). Birth Right: In this work, the term birth right is used to mean that right which an individual acquires by virtue of being burned by a certain parent, it is on this bases that such rights as the right of inheritance and

the right to association with guidance or parents as the case may be. It is in this connection that fuller. L. argues that, Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses (Fuller 88). The above views show that birthright is hinged on the personality and the humanity of man, it has to do with giving the individuals the right to self-determination, which is natural as scholars like Aristotle and Plato had established in their political philosophies.

PROJECT TOPIC- PHILOSOPHICAL EXPOSITION OF THE CONCEPT OF HUMAN RIGHT A CASE STUDY OF NIGERIA CONSTITUTION

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