On the naturalistic origin of human rights: Some of the ideas considered key in the philosophical debate

Abstract

Natural law and legal positivism are two philosophical doctrines that, from their antagonistic positions, have shaped political and legal theories on the origin and foundation of human rights throughout history. From the doctrine of natural law, it is argued that human beings have intrinsic natural rights, either given by nature or by God, but this statement has never been convincing for supporters of legal positivism. In this way, the latter have adopted a sort of secularisation of natural law ideas in which man ceases to be a creature to begin to be the creator of his own laws. In this sense, the relevance of the natural rights of man that the State should only recognise begins to lose relevance, since the State is now the one who creates the laws. This article aims to broadly conceptualise the main ideas behind both philosophical doctrines, and shed light on the debate on whether natural rights have something to contribute to the philosophical doctrine of human rights. Likewise, this article seeks to find a common ground where both doctrines can, from their positions, achieve the universalist objectives of human rights for the benefit of humanity.