Frank Van Dun | |
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Born | Antwerp, Belgium | 22 February 1947
Era | Contemporary philosophy |
Region | Western philosophy |
School | Classical liberalism |
Institutions | University of Ghent, Mises Institute Rothbard Institute |
Main interests | Philosophy of law Philosophy of human rights |
Website | users |
Frank Van Dun (born February 22, 1947, Antwerp) is a Belgian philosopher of law and classical liberal natural law theorist. He is associated with the law faculty of the University of Ghent. In 2013 he was awarded the Prize for Liberty by the Flemish classical-liberal think tank Libera!.
Van Dun published his book Het Fundamenteel Rechtsbeginsel (Dutch for The Fundamental Principle of Law) in 1983, in which he argued that a rationally convincing answer to the question "What is law?" can only be found by respecting dialogue and argumentation. He is thus an adherent of argumentation ethics. Based on this premise, Van Dun argues that every natural person (individual) has a lawful claim on his life, freedom and property. This claim is absolute, insofar as it does not prohibit the equivalent claims of other natural persons, i.e. insofar as argumentation is respected.
Van Dun clearly distinguishes the lawful (ius) and the legal (lex). In his view, Western positive law systems reduce people to human resources, artificial persons with merely legal status. Positive law defines the legal but can only be lawful insofar as individuals have full secession rights from the institutional framework that is making said positive law. It logically follows that no judge can be forced upon a person who is willing to search a lawful solution for any conflict.
Van Dun claims that the correct interpretation of the non-aggression principle (NAP) is praxeological rather than physical, because property is a "means of action". He thus claims freedom before property instead of freedom as property.[ citation needed ] This implies that it's not necessarily only the last action in the chain of social causations that is unlawful. Consider the following examples:
The freedom before property interpretation of the NAP is not widely accepted within the libertarian community. For example, Walter Block adheres to the freedom as property interpretation. [1]
Van Dun sees human rights as fundamentally different from the "Universal Declaration of Human Rights". According to him when you have a right you have a right. Therefore, human rights are, e.g., the right of self-determination for one's own life, liberty and the products of one's liberty (property) and he call these rights fundamental rights. This is not the case in the "Universal Declaration of Human Rights". He sees the "Universal Declaration of Human Rights" equivalent to "Animal Rights", since the rights enumerated in the "Universal Declaration of Human Rights" are sometimes conflicting with each other and many of these rights are only valid insofar as legislation of the government is not contradicting it. Therefore, he sees rulers which are acting as masters of the "human" animals (i.e. "slaves") in the "Universal Declaration of Human Rights". [2]
The Belgian newspaper Le Soir reported on 8 June 2012, that between 1988 and 2000, Belgian scientists Van Dun and Marcel Javeau were paid by the tobacco lobby, through the group 'Associates for Research in the Science of Enjoyment' (ARISE). [3] Van Dun responded in the Belgian Eos-magazine [4] that while indeed he gave two presentations for ARISE in which he presented his visions, he wasn't paid to do so and he never was a member of ARISE. However, the Legacy Tobacco Documents Library contains a document [5] that lists Van Dun as an "associate".
Egalitarianism, or equalitarianism, is a school of thought within political philosophy that builds on the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all humans are equal in fundamental worth or moral status. As such, all citizens of a state should be accorded equal rights and treatment under the law. Egalitarian doctrines have supported many modern social movements, including the Enlightenment, feminism, civil rights, and international human rights.
Human rights are moral principles, or norms, for certain standards of human behaviour and are regularly protected as substantive rights in substantive law, municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law, and imposing an obligation on persons to respect the human rights of others; it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of society and the state.
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.
Some philosophers distinguish two types of rights, natural rights and legal rights.
The right to life is the belief that a human or other animal has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as immoral; abortion, with some seeing the fetus as a human being in an early state of development whose life should not be ended; euthanasia, where the decision to end one's life outside of natural means is seen as incorrect; meat production and consumption, where the breeding and killing of animals for their meat is seen by some people as an infringement on their rights; and in killings by law enforcement, which is seen by some as an infringement of a person's right to live. Various individuals may disagree in which of these areas the principle of a right to life might apply.
Self-ownership is the concept of property in one's own body, often expressed as the moral or natural right of a person to have bodily integrity meaning the exclusive right to control one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this. Since the legal norm of property title claim incapacitates other people from claiming property title over the same resource at the same time, the right to control or interfere with one's own body in any arbitrary way is secured. Anarcho-capitalism defines self-ownership as the exclusive right to control one's body as long as the owner does not aggress upon others, leading to the concept of the sovereign individual. In Minarchism the 'exclusive right' is understood by separating the 'liberty-to' from the 'liberty-from' where for each person the 'liberty-to' is restricted by all the 'liberty's-from' of others, effectively subjecting the 'liberty-to' to the ban on the usage of force. Thereafter self-ownership means the exclusive right to control one's body insofar considering action between inhabitants and not involving the state, making it roughly a pacifist morality only among inhabitants. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism and liberalism.
In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is historically contrasted to the divine right of kings and had often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". Consensus democracy is the application of consensus decision-making and supermajority to democracy.
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
The non-aggression principle (NAP), also called the non-aggression axiom, is the legal or moral rule that states that any person is permitted to do everything with their property except aggression, which is in turn defined as the initiation of forceful action, which is in turn defined as 'the application or threat of' 'physical interference or fraud ', any of which without consent. The principle is also called the non-initiation of force. The principle incorporates universal enforceability.
Discourse ethics refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse. The ethical theory originated with German philosophers Jürgen Habermas and Karl-Otto Apel, and variations have been used by Frank Van Dun and Habermas' student Hans-Hermann Hoppe.
The right to property, or the right to own property, is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons and where it is used for production rather than consumption. The Fourth Amendment to the United States Constitution is credited as a significant precedent for the legal protection of individual property rights.
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world.
Article 9 of the Constitution of the Republic of Singapore, specifically Article 9(1), guarantees the right to life and the right to personal liberty. The Court of Appeal has called the right to life the most basic of human rights, but has yet to fully define the term in the Constitution. Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention.
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.
Part Two of the Constitution of Albania is the second of eighteen parts. Titled The Fundamental Human Rights and Freedoms, it is divided into 6 chapters that consist of 49 articles.
The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results.
South African administrative law is the branch of public law which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government."
Disability rights are not specifically addressed by legislation in New Zealand. Instead, disability rights are addressed through human rights legislation. Human rights in New Zealand are protected by the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. New Zealand also signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008.