1 00:00:01,260 --> 00:00:05,780 We have already studied. There is a big difference between moral rules and legal rules 2 00:00:06,179 --> 00:00:13,480 The law is made by society by the authorities and if you don't respect the legislation you might be punished 3 00:00:14,019 --> 00:00:17,179 But this poses a very interesting philosophical question 4 00:00:17,579 --> 00:00:22,460 When can we say that the law is legitimate valid acceptable? 5 00:00:22,460 --> 00:00:27,859 What is the foundation of the law now there are different theories to answer this question? 6 00:00:27,859 --> 00:00:33,240 We'll study three of them. The first one is the theory of natural law. According 7 00:00:33,240 --> 00:00:39,100 to the natural law theory, there are some basic rights, human rights, that are part 8 00:00:39,100 --> 00:00:43,859 of our human nature. They are innate, we're born with them, and we all have 9 00:00:43,859 --> 00:00:48,740 them regardless of our differences. So the legislation is legitimate when it 10 00:00:48,740 --> 00:00:54,240 respects these natural rights. John Locke, for example, who was an English 11 00:00:54,240 --> 00:00:58,740 philosopher who lived in the 17th century was a supporter of the natural 12 00:00:58,740 --> 00:01:04,319 law theory he thought that everybody by nature has the right to life freedom and 13 00:01:04,319 --> 00:01:09,659 private property and if the legislation does not respect these rights it is not 14 00:01:09,659 --> 00:01:14,640 a valid and legitimate legislation because because it is not respecting our 15 00:01:14,640 --> 00:01:20,939 natural rights now not everybody agrees with this theory an opposing theory is 16 00:01:20,939 --> 00:01:26,879 the conventionalist interpretation. Conventionalists think that the law is 17 00:01:26,879 --> 00:01:31,920 the result of an agreement so if we have these legal rules is because we have 18 00:01:31,920 --> 00:01:37,019 decided to write them on a paper and we could change them if we find a different 19 00:01:37,019 --> 00:01:42,819 agreement. For this theory human rights are not natural they are just the result 20 00:01:42,819 --> 00:01:49,340 of an agreement and they could be changed if we decide to do so. A third 21 00:01:49,340 --> 00:01:55,219 theory which is closely linked to conventionalism is the legal positivism. 22 00:01:55,219 --> 00:02:01,340 According to this theory the only law that exists really is the one that is 23 00:02:01,340 --> 00:02:09,060 written on a paper and enforced by the police. So only the law that is made by 24 00:02:09,060 --> 00:02:16,719 society and that is put into practice by force is the one that exists. There are 25 00:02:16,719 --> 00:02:22,719 no natural laws the law is only real when it exists on a paper and it is 26 00:02:22,719 --> 00:02:31,719 enforced by the police now how much do you know about human rights as you will 27 00:02:31,719 --> 00:02:39,379 probably know human rights were passed in 1948 when the United Nations 28 00:02:39,379 --> 00:02:45,620 proclaimed the Universal Declaration of Human Rights in this declaration there 29 00:02:45,620 --> 00:02:51,199 There are 30 rights and if you want to know them all I invite you to go to the internet 30 00:02:51,199 --> 00:02:57,639 and check a wonderful website called Youth for Human Rights or in Spanish Juventud por 31 00:02:57,639 --> 00:03:03,879 los Derechos Humanos where you can find different videos explaining all your rights. 32 00:03:03,879 --> 00:03:08,240 But beware, not all rights are equal. 33 00:03:08,240 --> 00:03:13,759 Human rights can be divided in different groups according to which value they defend. 34 00:03:13,759 --> 00:03:19,860 rights defend our freedom there are things that nobody can do to you these 35 00:03:19,860 --> 00:03:24,080 are things that are forbidden to everybody including the government this 36 00:03:24,080 --> 00:03:28,460 means that the state the police the government cannot do these things to you 37 00:03:28,460 --> 00:03:32,699 in order to protect your freedom for example they cannot kill you that's why 38 00:03:32,699 --> 00:03:37,500 you have the right to life or they cannot send you to prison without a fair 39 00:03:37,500 --> 00:03:43,039 trial they cannot stop you from thinking or saying what you want they cannot stop 40 00:03:43,039 --> 00:03:48,680 you from having your private property or for forming your family so these all of 41 00:03:48,680 --> 00:03:53,400 these are civil rights that protect your freedom a second group is formed by 42 00:03:53,400 --> 00:03:56,900 political rights that protect your participation in society and that 43 00:03:56,900 --> 00:04:01,879 include the right to vote a third group is formed by social and economic rights 44 00:04:01,879 --> 00:04:06,620 these rights protect your equality and these are things that the government the 45 00:04:06,620 --> 00:04:12,500 state must give you for free in order to grant everybody's equality for example 46 00:04:12,500 --> 00:04:17,959 they include the right to health protection, the right to education or the right to social security. 47 00:04:18,420 --> 00:04:24,600 This means that unemployed people must be helped with money if they lose their jobs. All these 48 00:04:24,600 --> 00:04:30,660 things cost money and that's why they are called social and economic rights. Finally, there is a 49 00:04:30,660 --> 00:04:37,740 fourth group called solidarity human rights and they apply to peoples. This means collective groups 50 00:04:37,740 --> 00:04:44,639 of people and they include the right to development to live in a well developed 51 00:04:44,639 --> 00:04:53,379 and peaceful country what happens if they don't respect our rights who 52 00:04:53,379 --> 00:04:57,720 defends them well human rights are defended by law they are protected by 53 00:04:57,720 --> 00:05:02,319 our Constitution so if anybody violates your rights you can go to the tribunals 54 00:05:02,319 --> 00:05:07,319 and they will defend you nevertheless there are also governmental and 55 00:05:07,319 --> 00:05:12,199 and international institutions that protect your rights for example the united nations 56 00:05:12,199 --> 00:05:17,879 or the international criminal court that prosecutes serious violations of human rights 57 00:05:17,879 --> 00:05:24,439 for example war crimes nevertheless there are also non-governmental organizations that also 58 00:05:24,439 --> 00:05:31,319 protect human rights like amnesty international or human rights watch as you will probably know 59 00:05:31,319 --> 00:05:36,199 the united nations are trying to improve the respect of human rights in the world with their 60 00:05:36,199 --> 00:05:42,439 2030 Agenda that includes the objectives of sustainable development that are supposed 61 00:05:42,439 --> 00:05:46,220 to be met by 2030.