Book contents
- Frontmatter
- Introduction: Gherardo Colombo’s Concern for the Democratic State under the Rule of Law: A Work in Progress
- Why?
- 1 An Imaginary Country
- Contents
- Part I The Ambiguities of Justice
- Part II Horizontal Society and Vertical Society
- Part III Towards a Horizontal Society
- Part IV How Do We Get There?
- Conclusion
- Acknowledgments
20 - An Attempt to Justify Law at the End of the Second Millennium
Published online by Cambridge University Press: 24 December 2020
- Frontmatter
- Introduction: Gherardo Colombo’s Concern for the Democratic State under the Rule of Law: A Work in Progress
- Why?
- 1 An Imaginary Country
- Contents
- Part I The Ambiguities of Justice
- Part II Horizontal Society and Vertical Society
- Part III Towards a Horizontal Society
- Part IV How Do We Get There?
- Conclusion
- Acknowledgments
Summary
Coming out of the disaster of World War II, the international community tried to create, when it was able to behold the tragedy that had occurred, the basic conditions to prevent a recurrence of the dramatic events that had unfolded up to then.
At the end of 1948, the General Assembly of the United Nations proclaimed the Universal Declaration of Human Rights. The Preamble emphasises the connection with a very recent past:
… recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. … Disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind.
The Preamble also stresses the need to transpose a series of general principles into the content of laws:
It is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. … The peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom. … Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. … A common understanding of these rights and freedoms is of the greatest importance for the full realisation of this pledge.
The articles that make up the Declaration identify the fundamental rights of the individual. Given that “all human beings are born free and equal in dignity and rights … without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status”, the Declaration recognises that everyone “has the right to life, liberty and security of person.” It states that no one can be reduced to, or held in, slavery; that all are equal before the law, and it asserts that everyone has the right to freedom of thought, conscience and religion, and to peaceful association.
- Type
- Chapter
- Information
- On Rules , pp. 103 - 105Publisher: Amsterdam University PressPrint publication year: 2016