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Hugo Grotius (1583-1645)

  • The principle of Innate Relationship states that "an action is right only if it co-exists with each and every man's free will according to the universal law"
  • The sole function of state is to ensure observance of law. According to him, basis of social contract was reason.
  • Human right of self determination; a man to act in such a way that he is guided by dictates of his own conscience,
  • Autonomy of the will; an action emanating from reason but it does not mean the freedom to do as one pleases Revival of natural law
  • John Finnis, Dr. Allen, Rudolf Stammler and Lon Fuller
  • Reasons- World War II, followed by Constitutionalism beginning in the last two decades of the 20th century
  • It questioned evident and serious violations of human dignity. Mooted for the inclusion of human rights within constitutional regimes.

Summary

  • Principle of respect, Principle of community participation. There must be formation of general rules to guide actions, that must be made known to public
  • The rules should be prospective in nature and not regressive. These should be consistent with other rules
  • They should be stable in a reasonable way, that is should not be changed too frequently.