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The Difference Between Rights And Laws

1106 words - 5 pages

What is Protection?

It is necessary to discuss the idea of protection when it relates the ideas of laws and rights. Laws and rights are there for protection; but what, and whom are they protecting? Hobbes believed that man has a natural inclination for more.

The final Cause, End or Designe of men, (who naturally love Liberty, and Dominion over others,) in the introduction of that restraint upon themselves, (in which wee see them live in Common-wealths,) is the foresight of their own preservation, and of a more contented life thereby; that is to say, of getting themselves out from that miserable condition of Warre, which is necessarily consequent (as hath ben shewn_ to the natural ...view middle of the document...

Weber states this idea of bias laws when writing, “The aim is rather to find a type of law which is most appropriate to the expediential and ethical goals of the authorities in question” (EAS - 810). This leads us to the idea that laws are created to adhere to a specific person’s ethical ideals. The laws created in a country led by Muslim authority intentionally follow the ideology of Islam. A country led by a Christian authority might follow another path in the creation of their state laws. An authority composed of atheists might take a completely different approach to the creation of laws than the Muslim or Christian authorities. The dress of certain groups of people, the consumption of certain foods and drinks, the laws binding family units together, are all able to the based on the ethical ideals of the authority in power of a specific state. Weber sees a difference on types of laws based on culture, and that is in the reasoning behind the law that is created.
As I stated before laws of a state are created and enacted based on the ideology of the authority of a state, and that could be an ideology based on religion. A “theocratically influenced” legal system is a system of laws that are not only based on the legal rules that govern a society, but also ethical demands. While we see the idea of murder falls under the idea of “natural law”, other laws such forced prayer in schools would fall under the ethics of a religion. Natural law is the basis of many of the laws that are followed from state to state, and seem to be common throughout time. Murder, theft, and so on are the basis of the social contract that we all adhere to in order to have a protected society. These rules are increased upon, but do not have a basis in religion. Ethical laws are those that are based on a religious justification. As Weber writes, “These rules were first influenced by magical beliefs which required that the questions of evidence should be asked in the proper way and by the proper party” (EAS - 811). The problem with ethical laws is in the institution that is providing the basis of ethical laws, and the truth they provide. This is stated with the understanding that truth is limited to the interpretation of...

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