HUMAN RIGHTS IN THE LIGHT OF CLASSICAL LEGAL REALISM: THE PERSPECTIVES OF JACQUES MARITAIN, MICHEL VILLEY AND JOHN FINNIS

Abstract

The purpose of this article is to present a narrative about the conception of Human Rights within the Classical Natural Law tradition in the 20th century and the transformations that this conception has undergone. It begins with Maritain's conception, his limited optimism, his categorization of absolutely inalienable and substantially inalienable rights and the distinction between possession and exercise; it goes on to Michel Villey's total denial of Human Rights, and ends with John Finnis' mitigated conception, which recognizes at least one right capable of claiming for itself the status of absolute: the immunization of the human being against torture. It concludes with a consideration of the dangers arising from a lack of care with the most accurate conceptualization of human rights.