Natural Rights Theory

Natural Rights Theory Natural rights are perceived as the inherent and original rights of human nature, which equally belong to all men without exception, and which are possessed solely because of their human condition.ÂÂ  They are held to stem from a concept of natural law, whatever definition may be attributed to the term. The theory of natural law and natural rights of man is, however, an obscure one. It seems a strange law, which is unwritten, has never been enacted, may even be observed without penalty, and imposes peculiar rights which are entitled prior to all specific claims within an organised society. It may be just an example of social mythology, but such an idea is still intriguing. For, to disregard it completely is to deny all its evident psychological, political and legal effects, and to adopt it fully is to be blind to mans own imperfections. That men are entitled to make certain claims by virtue simply of their common humanity has been equally passionately defended and vehemently den ied.[Â  [1]Â  ] H. L. A. Hart once asserted that if there are any moral rights at all, it follows that there is at least one natural right, the equal right of all men to be free.[Â  [2]Â  ] And the proposition that all men have natural rights or rights as human beings is found explicitly in the theories of Thomas Aquinas and John Locke, implicitly in the moral and political philosophy of Immanuel Kant, and at least problematic in the writings of Thomas Hobbes. At the level of practise, it is expressed not only in the rhetoric but in the constitutional innovations of the American and French Revolutions, stating that the end in view of every political association is the preservation of the natural and imprescriptable rights of man.[Â  [3]Â  ] When the ordinary citizen acts as a living and protesting individual, challenging the dictates of existing governments when and if he finds them oppressive, he is appealing to the very same values of freedom and equality among men, and in which social differe nces simply vanish, leaving the solitary individual with his essential human nature. Both conservative and socialist thinkers, however, have attempted to deny such claims, and instead assert the interests of the community as more important than those of the individual. As Karl Marx would put it, none of the so-called rights of man goes beyond egoistic man, an individual withdrawn behind his private interests and whims and separated from the community.[Â  [4]Â  ] The same idea and the same controversies have dominated political debates in the twentieth century regarding governmental practises. The importance of a persons rights to individuality and freedom from interference is central to the moral and political theories of such subjectivist thinkers as J. L. Mackie and David Hume. However, by no one has the theory of natural rights ever been properly justified or denied, or at least not as it has been defined and debated. Questions are then posed as to, why people should suppose that they have natural rights independent of the laws and governments of any existing society? If, for example, the laws of a society condemn a human being to slavery, how would his claim (if any) that freedom is a natural right of man be justified? And, if it could be said that there is an essential aspect of human nature which determines mans free status, a natural law which applies to all men, something in man which governs the relations of human beings independently of the laws of all particular societies, how can such natural facts be discovered if they have never been confirmed by observation? The answer may be contained in the proposition that man uniquely possesses the powers of reason. Thus, Roman lawyers, who were not the first to discuss natural law or natural rights, but the first to posit the theory defensibly, conceived of it as an ideal or standard, not yet completely exemplified in any existing legal code, but also as a standard fixed by nature to be discovered and gradually applied by men.[Â  [5]Â  ] It is a standard not created or conferred by mans voluntary action, but by nature, or God, and which all men have if they are capable of rational choice. According to Thomas Hobbes, the state of nature in which man lived before the social contract was a war of every Man against every Man,[Â  [6]Â  ] a condition of internecine strife in which the life of man was solitary, poor, nasty, brutish and short.[Â  [7]Â  ] Thomas Hobbes believed that self-preservation was the great lesson of natural law and that law and government would become necessary as a means of promoting order and personal security. For each citizen to preserve his own life, he must give absolute and unconditional obedience to the law. Hobbes political theory is best understood if separate in two parts: his theory of Human Motivation, Psychological Egoism, and his theory of the Social Contract. The direction of this assessment will look exclusively to Hobbes theory of Social Contract. The social contract is used by Hobbes in defense of absolutism and is thus used to justify authoritarian government. Hobbes own goal was to rule out the legitimacy of civil rebellion and thus to eliminate the possibility of civil war, which he regarded as the greatest of evils. Hobbes informs us that we should infer the characteristics of political obligation from the intention of him that submitteth himself to his power, which is to be understood by the end for which he so submitteth.[Â  [8]Â  ] The use of a social contract to construct a natural rights doctrine is articulated most fully in the writings of John Locke.[Â  [9]Â  ] To Locke the state of nature that preceded the social contract was not, as conceived by Hobbes, one of brutal horror, but rather a golden age, an Eden before the Fall. In the state of nature, men have the right to freedom from interference by others and in turn a correlative duty to refrain from interfering in the life of others. However, at the same time, all men may be restrained from invading others rights, and from doing hurt to one another, the execution of the law of nature and preservation of individual natural rights is put into every mans hands, whereby everyone has a right to punish the transgressors of that law to such degree, as may hinder its violation.[Â  [10]Â  ] Men have an obligation to preserve to the best of their ability the life, liberty and property to which others also have natural rights, as long as his own preservation comes not in competition.[Â  [11]Â  ] In moving from the state of nature to that of civil society, man carries with him the natural rights and some of the authority he had in that state of autonomy. There are certain powers, however, that man gives up in subjecting himself to civil authority. He gives up that power he had to do whatever he sees fit for the preservation of his life, since this power is to be regulated by the laws made by society. Man therefore signs a social contract, surrendering the power of punishing, which is to be so far disposed of by the legislative, as the good of society shall require. But he never surrenders his rights, and thus government is obliged to secure everyones property [liberty, life and possessions], by providing against those defects that made the state of nature so unsafe and uneasy.[Â  [12]Â  ] Man did not enter society to become worse than he was before, but only to have his natural rights better secured. When social contract theorists talk of the rights which men enjoyed in the state of nature, they are in effect saying what men ought to enjoy in any society, that all men ought to be free, independent of their social condition. Words like freedom and equality represented for the advocates of natural rights what they considered to be the fundamental moral and social values, which should be realised in any society of rational citizens. These values, and hence natural rights, in the social contract, are the basis for rights embedded in the clauses of constitutions. The fundamental purpose of law is therefore considered to be the protection of individual rights. In reality, however, positive laws of society are somewhat imperfect. Until a law was enacted in order to abolish slavery, slaves ought to have been free but clearly were not. Even though man seemed to be entitled by nature to natural rights, which might be denied to him by the positive laws of existing societies, the natural law and natural rights were impotent. The Social Contract approach to natural law culminated in the writing of Jean-Jacques Rousseau. As Barker has noted: Rousseau is a Janus-like figure in the history of natural law. He turns to it and belongs to it, he turns away from it and it belongs elsewhere.[Â  [13]Â  ] There are two distinct social contract theories by Rousseau. The first one is, Discourse on the Origin and Foundations of Inequality Among Men, usually referred to as the Second Discourse, and is a relation of the moral and political evolution of human beings over time, from a State of Nature to modern society. As such it contains his naturalized description of the social contract, which he sees as very problematic. The second is his normative or idealized theory of the social contract, and is meant to provide the means by which to lighten the problems that modern society has created for us, as laid out in the Second Discourse. Rousseaus idea of a state of nature is closer to Lockes than Hobbes, though without Lockes emphasis on the sanctity of property. Rousseau, the social contract is a mystical construct by which the individual merges into the community and becomes part of the general will. Preferably the people should govern themselves. But, as he acknowledged, it is unimaginable that the people should remain continually assembled to devote their time to public affairs.[Â  [14]Â  ] Law is the register of general will. Government can only be tolerated so long as it accurately reflects the general will. On the other hand, Rousseau insists that whoever refuses to obey the general will shall be compelled to do so by the whole body: he will be forced to be free.[Â  [15]Â  ] What Rousseau is saying is that disobedience is morally illegitimate because it constitutes a failure to discharge a moral obligation a citizen incurred when acting as a citizen. Rousseau is, however, refusing to draw a distinction be tween law and morality: the general will is the moral will of each citizen. Rousseaus social contract theories outline a single, consistent view of our moral and political situation. We are gifted with freedom and equality by nature, but our nature has been contaminated by our contingent social history. We can overcome this sleaze, however, by calling upon our free will to reconstitute ourselves politically, along strongly democratic principles, which is good for us, both individually and collectively. [Â  [16]Â  ] If morality is not to be discovered but to be made, one may say that there are no real natural rights as described above by Lockes theories. Natural events cannot tell us what we ought to do until we have made certain decisions. Whether moved by reason or sentiment, or both, standards of behaviour are determined by human choice, not set by nature independently of men. And no man can have any valid rights in the absence of a society. That is not to argue in favour of the communitarian point of view that there can be no individual rights but it is to assert that human beings need one another in order to fully exercise all their rights. One may say that someone has the right to life only because someone else might have the power to kill him. For, if there were no else in the universe, there would be no need for protection, there would be no need for rights. Human beings can only vindicate their rights in relation to others, for human beings can only live in relation to others. It can thus be concluded that (human) rights are the product of social conditions, of mans general desire for harmonious relations and his instinct of self-preservation in a community of different and often conflicting interests. Hence, neither can there be no natural rights, as understood to be ordained by God, or, as many libertarians would defend, to be discovered by reason. Rather, mens own imperfections have made individual rights a natural quality of human beings. If they are thought to originate outside of human nature and interactions, natural rights are defiable; but nonetheless, in day-to-day life, we simply assume that we have these human rights. It may be a product of human imagination, and it probably is but we like to think that they are real.

Special Children’s Necessities and Managements

The term, sprecial-needs children is defined as children whose developmental and/or behavior requires help or intervention beyond the scope of the ordinary classroom or adult interactions. About 15 to 20 percent of all children in the United States will exhibit some form of atypicall development and need special services (Bee, 1995). These children include children with learning disabilities (LD), Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD), Down Syndrome children, physically and mentally disabled children and gifted children. Children with learning disabilities may have poor memory skills, trouble following directions, eye-hand cordination problems and trouble with distinguishing between letters, numbers and sounds. There is no scientific explanation why children have learning disabilities, but some experts believe the cause may be due to slight brain damage. ADHD affects up to 5 percent of children up to the age of 18(Walls, 1994. When hyperactivity components are not present, it is diagnosed as Attention Deficit Disorder, or ADD. Children with ADHD are prone to restlessness, anxiety, short attention spans and impulsiveness. They have trouble listening, remaining seated, interacting with other people and are easily distracted. A child with ADHD will show extreme symptoms, usually before the age of 7. The most common medication for children with ADHD is an amphetamine called Ritalin, which produces a paradoxical effect. The speed stimulates the cerebral cortex, allowing the brain to manage incoming sensory information efficently. Ritalin is very controversial since the side effects can be quite serious, such as inhibiting growth. Down Syndrome is one of the most common and easily determined forms of mental retardiation. It affects 1 in 100 births among women under the age of 35 and 5 per 100 of woman over 40. Down Syndrome, formerly called mongolism, is caused by a chromosal abnomality. The affected individual has 47 chromosomes in all body cells instead of the normal 46. There is no treatment for Down Syndrome, but better medical care, which has resulted in an almost normal life span compared to the previous life expectancy of 14 years. A disabled child is a child with physical, mental or sensory impairment that makes performing everyday tasks more difficult. In the early 1980's, it was estimated that 9 to 10 percent of the United States population was diabled in some way. Until the second half of the 20th century, it was rare to find simple recognition that aside from the specific diability, disabled children have the same needs, interest and abilities as mainstream children. In schooling, the federal law now gurantees a free fit education to all handicapped children, regardless of the severity of their handicap. Gifted children are children who have unusually high intelligence. They generally have long attention spans, learn quickly, good memories and have a wider range of vocabulary thatn their peers. Gifted children usually tend to be bored with activities based for children their own age. Children who score between 130-150 on the standard IQ tests have traditionally been classified as gifted. These children come from all social, economic and ethnic backgrounds. There are many concerns that the majority of these children are being overlooked, since a lot of them are not given the same opportunities, attention and support as the child who is raised in the â€Å"All-American Family†.

Hartwick College Essay

In this extract, we are shown insight into what Pips character has become, by reacquainting him with the convict Magwitch. In this second visit, we can see the contrast between Pips first encounter, and this more shocking scene – how Pips persona has changed from an innocent youth, to a selfish, egocentric ‘gentleman. ‘ Also, we are given the startling revelation of Pip’s true benefactor, in a cumulative peak of excitement enriched with Dickens unique writing style. Throughout the text, Pip’s manner towards others, his way of thinking and even his narrative voice transform to create two reasonably different characters. The extract pictures him as a selfish, pompous young man who shows great ingratitude towards Magwitch – asking â€Å"inhospitably enough† whether he would like to come in and pushing away a plea for affection, from one who has worked hard all his life merely to provide Pip with a great wealth, and an undemanding lifestyle. When Magwitch returns to greet his beneficiary, he is treated with less than minor courtesy. Pip’s younger character however appears far more innocent, showing respect and even compassion towards a convict, who threatens and oppresses him, glad that his stolen food is â€Å"enjoyed† by a complete stranger. This highlights a stark contrast between the Pip displayed in the extract, and Pips younger self. Indeed Dickens seems to point out the irony of such a title – at the point in time when society considers him ‘gentleman’ he is anything but gentle – instead he appears malicious and critical of his former friend Joe whose visit he awaits with â€Å"mortification. † The wealthy gentleman is now a moral shadow of the impoverished yet guiltless Pip we are introduced to at the beginning of the story. His simultaneous ascent to aristocracy and fall into selfish spendthrift, leading to his subsequent redemption, are reminiscent of the ‘education’ novel popular at the time. These tales of ‘apprenticeship’ were often of mistreated orphans who managed to become wealthy and successful. The stories featured the many obstacles that the hero/heroine would have to overcome, and their popularity peaked around Dickens time. Typically, they explore â€Å"the youth and young adulthood of a sensitive protagonist† who is â€Å"in search of the meaning of life and the nature of the world† (David Cody, Associate Professor of English, Hartwick College.) They tended to contain autobiographical elements, and were sometimes influenced by contemporary social and industrial transformations. There are also some other genres on which the story touches upon, namely the ‘sensation novel’ – the numerable plot twists and shocking revelations form a large part of the structure – in this extract we see the startling disclosure of Pips true benefactor, which most contemporaneous readers would perhaps not have guessed. Indeed, these climatic scenes are pivotal to the books success as a serialisation, as well as a novel. To maintain interest in a book that is staged in weekly instalments, Dickens uses a variety of sub-plots to keep the reader engrossed. This eccentric writing style gives the text a unique quality, and the overall effect on the reader is one of shock and intrigue. The rendezvous with the convict in the graveyard, and his death, Miss Havisham’s fire, and the showdown with Orlick are among the most memorable climax’s we experience – as well as Pips second meeting with Magwitch. In this passage, we can see how the writer cultivates tension and makes the most of Magwitch’s secret. When extract reaches a pinnacle of excitement, many sentences become long and drawn out, and sentence complexity increases, leaving the shorter, snappier â€Å"why, Wemmick† and â€Å"would it be J? † to further promote interest in the plot, and give a tense, nervous atmosphere. As the scene draws to its zenith, as Pip’s â€Å"heart (beats) like a heavy hammer of disordered action,† we see powerful metaphors, and repetition of prominent, emotive language (â€Å"dangers, disgraces, consequences†) to give a sense of anxiety and intensify the scene. Language is also used here to alienate the convict from Pip himself. The rich, throaty slang of Magwitch’s â€Å"arterwards,† â€Å"spec’lated† and â€Å"warmint† contrasts against Pip’s more noble speeches of how he â€Å"cannot wish to renew that chance intercourse† and inquires of the messenger â€Å"since he undertook that trust. † The way Dickens estranges Magwitch from Pip is significant: it symbolizes the delusional notion that Pip is a gentleman, and that he is superior to the convict. Pip believes himself to be changed since that first chance meeting in the graveyard, and thinks that he is now above Magwitch, who is after all a criminal. The irony experienced by the reader is that Pip’s great wealth and upper class lifestyle is solely attributable to Magwitch himself, and this too is the source of the shock Pip describes. The way Dickens depicts Pips feelings is extremely powerful, as we see Pip â€Å"suffocating† merely from the shock of this news, news that his almost successful attempt to become a gentleman was funded by the dark relic of his youth, who’s felonious past appears further from gentry as is possible. This is of course, not the first time we see Pip’s character interrupted by members of his childhood – there was his meeting with Mr Pocket on his arrival to London, and more important, Joe’s visit to Pip in his London flat. This meeting, like the one with Magwitch we see in the extract, stresses the change we have seen in Pip’s character by comparing his manner towards someone he knew as a boy, and how he acts towards them now. Upon his visit, Joe is not treated with hostility as such, but Pip denotes that he â€Å"certainly would have paid money† to keep him from coming. As a boy, Pip always stayed friends with Joe despite his obvious stupidity and clumsiness, yet now he wishes more than anything to avoid him. Pips dismissal of Joe in this way turns the reader against him slightly – up until now we have supported Pip as the ‘good guy. ‘ Pips corruption from an innocent youngster to a snide gentleman, and then back into a more honourable businessman. This cycle of purity, corruption and redemption is an ongoing theme in Great Expectations, and makes subtle references to Christian beliefs of how the life of greed and sin that Pip lived in London, on the wealth of a convict, lead to a corroded innocence that was only liberated through his consequent illness and then his new beginning with Estella. The other theme that appears in the novel, is that of justice and the just punishment of crime. We first see this in the appearance of a convict (though this method of punishment was stopped in 1868 several years after the novel was written) and Dickens portrayal of him as an honest man, who admits to the theft of â€Å"some broken wittles† and â€Å"a dram of liquor† to save Pip from his sister, Mrs Joe. And again, Mrs Joe herself ties in to the punishment theme, her harsh disciplining of her husband and brother again lets us sympathise with those who are chastised, and not the chastisers. Later in the book, we see another example of this when Magwitch is caught. And more subtle instances of punishment such as Mrs Havisham burning for her corruption of Estella (corruption almost being a theme in itself) are also present in the text, giving us a thorough impression of how those who commit crime will always be brought to justice. The time setting of the novel allows Dickens to include these ideas of corporal punishment, convicts and public hangings. To a modern reader, these archaic, brutal methods of upholding the law appear old-fashioned. However, readers of the time would most probably have experienced these events fist-hand, in one way or another. Moral preaching’s of more passive action towards prisoners and criminals would be relatively new to them, whereas nowadays such views are accepted as standard. The feelings created by the views Dickens has on delinquency, and its retribution, are therefore significantly different between readers of-the-time and present day students. As a modern audience, we also feel compelled, excited, and fascinated by the books intricate plotlines, particularly in this extract. To inspire such strong emotions, Dickens uses many lingual and structural functions, the aforementioned effectiveness of metaphors and imagery to name one. He also writes in the 1st person, which is pivotal to the feelings the book creates: the story is far more personal and involving. Dickens also entwines his plots and subplots very carefully to create a prominent air of tension. As he builds up to the climax of one plot twist, he continues to insert little mini-dramas that leave us waiting for the main storyline to continue. He does this quite often in the novel, and it makes the reading most tense and far less predictable. To a less observant reader, Magwitch’s return would be a complete surprise – this is where the majority of this extract’s attraction lies. Overall, this extract is in fact one of the most outstanding scenes in the book. The build up of excitement before the final revelation of â€Å"Pip – your him! † is done with a variety of complex, literary devices, and the twist in the plot and return of a familiar character add to its success. It calls attention to Pip’s new assumed role, as a self-centred ungrateful gentleman, and is characteristic of Dickens writing style.

Theories Of Learning, Misconceptions Of Biological...

Literature Review To inform my teaching, the literature review has been divided into three subheadings: Theories of Learning, Misconceptions of Biological Classification and Assessment for Learning (AFL). Literature was acquired from Google Scholar, teaching resources and online journals from King’s College Library and resources provided by the PGCE department. Prior to locating published literature on Google Scholar, I searched on Google to familiarise myself with general information. I used keywords such as ‘Jean Piaget Theories of Learning,’ ‘Vygotsky Theories of Learning,’ and ‘Misconceptions of Animal Classification.’ Some original literature was not located and thus, secondary literature was cited instead. Subsequently, the literature review was produced to ensure all aspects of teaching Biological Classification to year 9s are considered. Theories of Learning A learning theory is a conceptual framework that describes how pupils acquire, process and retain information, thereby, informing teachers on how to tackle the complex process of how pupils learn. To ensure learning, prior to planning a lesson, teachers must be well-informed of a range of teaching techniques to tackle differences in pupils’ preferred learning styles. Over the years, research on theories of learning and how pupils learn have progressed significantly and are considered below. Jean Piaget has been given much recognition for his works on how pupils learn. With great inspiration in cognitionShow MoreRelatedTitle: What does personalised learning mean in practice? Analyse the learning needs of EAL pupils, and those of SEN pupils.6874 Words   |  28 Pagespersonalised learning mean in practice? Analyse the learning needs of EAL pupils, and those of SEN pupils. Discuss how the needs you identify can be met most effectively in subject teaching. 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