The Pro Homine Framework and the Roman Law Spirit of International Human Rights Law
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Authors
Rocha Ferraz Ribeiro, Dilton
Date
2015-10-09
Type
thesis
Language
eng
Keyword
Law , Human Rights , International Law Theory , International Law
Alternative Title
Abstract
The Romans were the first civilization that envisaged an international legal system rooted in the human person and for all humankind. The innovation of this concept was precisely its universality centered on the human conscience, which, different from past approaches to international law, was not theoretically limited to a group of people or a religion. Although still deprived of universal de facto application, the Roman concept of the law of nations or jus gentium guided, to a greater or lesser extent, all subsequent writings on the subject until its complete limitation to a law between states and its current revival within the theoretical framework of international human rights law. The general framework of human rights is the Roman notion that international law flows from an universal reason of all humankind and is equally observed by all peoples and used as law by all peoples or nations. It is this definition, looked through the perspective of modern times, which forms the pro homine framework. Both the European and Inter-American human rights courts unconsciously follow the precepts of the Roman jus gentium. They contribute to the reaffirmation that international human rights is indeed centered on the human person as the end and source of law. This individual-centric and Roman-based conception guide the transformation, application and interpretation of international human rights law setting the basic parameters of individuals as bearers of rights, duties, capacity and interests at the international level. Accordingly, declarations, treaties and courts merge traditional elements of international law (the language of declarations and treaties) with the core elements of the Roman law of nations (universality, the human person as the source and end of law, international law setting guidelines to change and adapt domestic law and the importance of written instruments and magistrates). Adapting to different historical, legal, social and political contexts, international human rights law is in theory and method part of a truly corpus juris gentium romani (body of the Roman law of nations
Description
Thesis (Ph.D, Law) -- Queen's University, 2015-10-09 16:01:11.889
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ProQuest PhD and Master's Theses International Dissemination Agreement
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Copying and Preserving Your Thesis
This publication is made available by the authority of the copyright owner solely for the purpose of private study and research and may not be copied or reproduced except as permitted by the copyright laws without written authority from the copyright owner.