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Social rule system theory is an attempt to formally approach different kinds of social rule systems in a unified manner. Social rules systems include institutions such as norms, laws, regulations, taboos, customs, and a variety of related concepts and are important in the social sciences and humanities.
In its general sense, natural law theory may be compared to both state-of-nature law and general law understood on the basis of being analogous to the laws of physical science. Natural law is often contrasted to positive law which asserts law as the product of human activity and human volition.
Maine argued that human societies passing through three basic stages of legal development, from a group presided over by a senior agnate, through stages of territorial development and culminating in an elite forming normative laws of society, stating that "what the juristical oligarchy now claims is to monopolize the knowledge of the laws, to ...
The enforcement of protecting cultural rights is challenged by the lack of a concrete definition for culture, making it difficult for international bodies such as the Human Rights Committee to impose legal obligations on member states. [13] Culture is a collective experience of social forces, including social activities, beliefs, and issues.
Conceptualized thus, all "laws" are viewed as originating from subjective attitudes actuated by cultural conceptions and individual preferences, and so the notion of "divine revelation" is justified as some kind of "divine intervention" that replaces human positive laws, which are criticized as being relative, with a single divine positive law ...
Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (δίκαιον φυσικόν dikaion physikon; Latin ius naturale).
Human rights are also described as a sociological pattern of rule setting (as in the sociological theory of law and the work of Max Weber). These approaches include the notion that individuals in a society accept rules from legitimate authority in exchange for security and economic advantage (as in John Rawls ) – a social contract.
Evidence suggests that 'African law demonstrates that all men, because they live in society, have some theory of rules of justice which they believe arise from reason itself; [and Gluckman's evidence] suggests that Africans may well have formulated, in embryonic form at least, a theory of natural justice coming from human kindness itself.' [5]