In Africa we have use the third generation of human rights; That is the group rights.
What doesn't benefit the society at BY and LARGE cannot be a human right.
Nothing is Static young man.
What you fail to understand is that Culture is RELATIVE and NOT UNIVERSAL.
With the exception of basic rights such as right to life, property , and speech; Any other could be collateral.
Human rights cannot trump culture because they are the components of culture.
Africa speaks of UBUNTU as a HUMAN RIGHT, PHILOSOPHY AND CULTURE.
SASA FYI: Hata hao naturalists unaowasoma walitofautiana.
Ronald Dworkin Spoke of Justice under the Prism of Human Rights.
He wrote his work called Taking Rights seriously,..and it is in this BOOK were we get the phrase Rights Trump.
On the other hand Naturalists like Jean Jacques Rousseau Spoke about Rights and The General Will in his theory of Social Contract....He said one person's right cannot go against the General Will of the whole society. And this theory finds favour in most African legal Practice. Kwa kukusaidia soma kesi ya DPP V Daudi PETE utajua kwanini mahakama hata ilimnyima mtu asipiate dhamana japo it was in violation of constitutional provision.
Sasa turuhusu Ushoga tuharibu social dynamics the Africa????
Hakuna thumb rule definition ya Justice in Jurisprudence ndugu yangu.
Jeremy Bentham speaks of Justice in the context of Utilitarianism theory...That justice is what maximizes the Pleasure and Happiness of the people in the society.
Sasa Ushoga una Maximize Happiness kwenye Society yetu????
Tena bwana mdogo Justice can exist in the economic analysis of law. This is another theory of justice. Judge Richard Posner maintains that Justice must strive to maximize economic welfare.
Sasa wewe ushoga kama ni haki ya binadamu unasidiaje ku-maximize economic welfare???
Haya theory ya mwisho ya justice ambayo ninyi unayoizungumzia ni Justice as Fairness.
Huyu ni bwana John Rawls....kasema na yeye Rights Trumps kama Ronald Dworkin.
Justice is determined by the judges with their Personal Intuitions, how can it be fair???
Sasa if there is fairness in the courts of law, Why some other judges Dissent in their Opinions???
Au kama kuna fairness why do people Appeal???
Even judges vote when deciding the case; hiyo fairness itapatikanaje wewe???
You have made a very wrong observation about me kiddo; I'm neither Naturalist nor Positivist.
I'm a realist, i define law according to Dictates of the Society and not anything else.
Huo Ushoga utakuja pale jamii itakapotaka na siyo vinginevyo,....Utamaduni hauruhusu na hauko Subjective.
LEARN TO DIFFERENTIATE BETWEEN LAW IN BOOKS AND LAW IN ACTION...
USIKARIRI ZINDUKA WEWE.
"In Africa we have use the third generation of human rights; That is the group rights"
If this is true then I totally disagree too because it is inconsistent with the powerful idea of "INDIVIDUALITY" that group cannot exist if they are no individuals. Individuals should exist first for the community or group to exist. Of course, this is not to denounce the importance of the community rather an individual is always first before community.
I have a problem with your explanation of human rights based on group. The notion that everyman is born free and equal, reflect the individuality, I am talking about.
"What doesn't benefit the society at BY and LARGE cannot be a human right."
Also this is constistent with some rights which we affirmed as inalienable rights or the conviction of intrinsic value.
"Inexception of basic rights such as right to life, property , and speech"
What is underlying principle of such rights? If in Africa human rights are interms of group's benefit?I would like to see your consistency on that claim.
Human rights cannot trump culture because they are the components of culture.
"Africa speaks of UBUNTU as a HUMAN RIGHT, PHILOSOPHY AND CULTURE."
You said"Culture is relative"
By also here i would like to see your coherence whether human rights are universal or Relatively to a given culture. If it is relative your argument is self refuting. If you agree they are universal then you must accept that human righs are derived from some principles which I believe they are not bounded by culture. They are universally applied to all societies no matter which culture you are. Again, this is not to deny some controversy on some of human rights like free of speech.
"Sasa turuhusu Ushoga tuharibu social dynamics the Africa???" In fact this claim of yours is vague, because you cannot be sure wheter there will be no social dynamics.It cannot hold water.
Any way, I can go further and claim that government lacks legitimacy on criminalizing homosexual because it is a matter of individual responsibility. This claim is so solid you cannot just take for granted. Here I bring in the issue of legitimacy and government is legitimate when treats its cizitens with equal respect and concern keep in mind the two dimension of human dignity I mentioned before.
"Sasa Ushoga una Maximize Happiness kwenye Society yetu????"
In fact I don't subscribe to utilitarian theory of justice which aim to maximize happiness for the greatest number of people in the community. This concept fall short under the concept of justice as fairness. Just because majority will be happy when we end your life, should we do that to you? Is it fair?
Any that is old theory of utilitarian, It has been reshaped by Peter Singer,you can read more about that and in fact Peter Singer advocates for homosexuality so you will find his arguments very interesting. So those are new utilitarian theories not that of Jeremy Bentham
Haaaaaah
You better read well Ronald Dworkin especially his book of Law's Empire. He explained very well how the judge Hercules decides cases with his superhuman skills.
In addition, if you are realist I recommend you to read an argument of H.L.A.Hart against Devlin