Utilitarizmo įtaka žmogaus teisių sistemai

Abstract

The impact of the utilitarianism philosophical school on the system of human rights is being researched in the article. The article is composed of an introduction, four parts and conclusions. In the first part the conception of utilitarianism and its development are analyzed. Utilitarianism (Lat. utilitas utility) is a philosophical theory of ethics, which formulated moral behaviour criteria, according to which an act (action) is considered good if the largest possible number of people receives benefit. The originators and ideologists of the utilitarianism are J. Bentham and J.S. Mill.The dynamic nature of the system of human rights is revealed in the second part. Human rights of the first, second and third generation, reflecting the historical development of human rights, are indicated. The relation between human rights and human nature are analyzed. It is noticed that during later ages the legalization of natural rights in main sources of positive law, constitutions and international agreements, dominates. In the third part the issue of the universality of human rights is discussed. Different opinions, both justifying the idea of human rights universality and negating the possibility of human rights universality are represented. The representatives of cultural relativism allege that the conception of human rights might not be the same for all states and societies due to their different level of development and particularity, and the culture of specific society. It is proposed in the article to consider human rights as universal ones, acknowledging certain peculiarities and distinctions, which are determined by historical times, dominating in the state moral provisions and the legal consciousness.The relation between the human rights conception growth and morality is introduced. It is noticed that recently the progress of technology, medicine, biology, chemistry, physics and other sciences underlies preconditions of forming new human rights, which are not always acceptable in respect of the prevailing provisions of morality. Notwithstanding that the tendency to legalize this kind of rights in normative acts is observed. It is often dissociated from the traditional morality provisions in order to legitimate one or other right, human rights are not connected with human nature. Based on beneficial argument and reaching utilitarian goals a new human rights conception is formed.