Legal Dimensions of Common Stewardship

نویسنده

  • Alexandre Kiss
چکیده

It is generally agreed that one of the main functions of every legal system, whether national, regional or world-wide, is to reveal, recognise and incarnate the basic values of the society concerned. Thus, throughout history it has been recognised that human life is of value and should be protected by punishing those who attempt to extinguish it; that fundamental human rights and freedoms are precious and should be protected; that social justice must be accepted as a goal and appropriate measures to achieve it should be taken at national as well as international levels. The legal system did not create these values; they emerged gradually from the religious, ethical and cultural foundations of societies. The legal system brought these values into the open by discussing them, recognising them and then taking appropriate measures to protect them by the only means at its disposal. Within states this process is characterised by the inclusion of principles enshrining these values in constitutions or constitutional texts, which have to be implemented by specific legislation. In the international sphere the values are often formulated and enshrined in non-binding declarations (such as the Universal Declaration of Human Rights), the principles of which are later transformed into obligatory statutes by inserting them into treaties.

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تاریخ انتشار 2003