The word "principal" has the meaning of "root, root cause". For example, Su Zhe's "Yu Trial Production Policy" says: "My ministers please push the origin for His Majesty, and explain the reason." Among them, "pushing the origin" is the same as "saying the reason" and "the origin". is the fundamental reason. Therefore, the origin of human rights should refer to the source of human rights or the basis for their existence. What is the origin of human rights, and what is the significance of discussing the origin of human rights? The movie "Strategic Task Force" provides a good source for us to think about these issues. The director himself did not express any views, he just expressed several human rights ideas through different roles, and inspired people to think through the incompatible contradictions. The film contains at least three human rights ideas, represented by three protagonists: First, female detective Brody. Her thoughts represent an existing consensus in human society and are the embodiment of the spirit of the Universal Declaration of Human Rights. Her view of human rights has a strong moralism and "innate human rights" color. She does not agree with torture to extract confessions, and does not agree with any behavior that violates human conscience and violates the dignity of others. Second, the interrogation expert H. H is a typical nationalist. He believes that when an individual threatens national security, the public power can take all necessary measures against the individual to prevent disaster. At this time, the human rights of this person are insignificant, and even the rights of his relatives can be sacrificed. And when national interests conflict with other countries' interests, national interests take precedence. Third, the suspect Younger. Young is a very contradictory character. On the one hand, he is a high-tech talent, on the other hand, he is a religious extremist; on the one hand, he is a "loyal American citizen", on the other hand, he is a devout Muslim; on the one hand, he A dangerous terrorist, on the other hand, he is a "martyr who gave his life for mankind". These seemingly irreconcilable contradictions have reached a unity in him, and have given him a power that is almost insane. He and Brody have something in common, they both believe that human rights should not be violated by the state. He and H also have something in common. They both believe that the human rights of the minority can be sacrificed for the human rights of the majority. Human rights are something that can be calculated on an individual basis. But Young goes a step further than H. His thinking has jumped out of the frame of the country and stood on the standpoint of all mankind. This is dangerous because it gives Young the illusion of nobility, and so many tragedies in history have been born from it. The author believes that, if analyzed theoretically, the thoughts of the three people actually represent three theories: First, Brody holds a view of human rights based on natural rights. This view of human rights originates from the natural law thought with a long history in the West. people are born To have human rights, they are natural rights, a requirement of natural law. People have common characteristics as human beings, and they have universal values in human society. Everyone should abide by them. This compliance is not forced, but based on people's inner needs. Natural law and morality are closely related, because morality is fully consistent with the universality and introspection that natural law emphasizes. "As Maine argues in his "Ancient Laws," The idea of 'natural law' is to add a moral world to the material world. [Qu Xiangfei: The Legitimacy of Human Rights and The Theory of Conscience, in Literature, History and Philosophy, No. 3, 2005, p. 153.] Therefore, the concept of human rights and morality of natural rights are mixed together, and their essence is Common. The "dignity" and "conscience" emphasized by this theory are in fact concepts in the field of morality. Based on this, we can infer that Brody believes that the origin of human rights is the shared nature of human beings, which is specifically expressed as "dignity" "," conscience" these moral concepts. Secondly, H holds the concept of human rights endowed by the state. This theory believes that people's rights are bestowed by their state, and when an individual stands on the opposite side of the state, the state is like a Leviathan Everything that can devour him, he is no different from beasts at this time. Therefore, the origin of human rights is national rights. Finally, Younger holds a utilitarian view of human rights. This theory holds that "the greatest happiness of the greatest number of people" is The highest judgment, for this reason, the sacrifice of individuals and a few people has become a matter of course. Therefore, the origin of human rights should be the need of human beings for "the greatest happiness of the greatest number of people." Let me go back to the plot of the film: First of all, the problem with the concept of human rights of natural rights is that it cannot solve difficult practical problems. According to his theory, Younger has natural rights that others have no right to take away. If torture cannot be done , it is estimated that Younger is absolutely impossible to say where even a bomb is located. Morality is often pale in the face of reality, and Brody's step-by-step compromise after the beginning of the film shows this. Secondly, the concept of national empowerment and human rights leads to the state Above all, personal decline. When H tortured Younger and killed his wife, he probably did not expect that his wife and children would also be placed under house arrest by the state department to keep H from completing the task. If something happened to his wife and children, I don’t know how H would feel. What? The national empowerment of human rights will cause everyone to be in danger. Today they can treat Younger like this, and tomorrow they will use the same reason to make you sacrifice. Finally, the flaws of the utilitarian view of human rights are obvious. It is the same as the concept of national empowerment of human rights. It will lead to the violation of the interests of the minority. Younger adopts such appalling and terrifying means, if he considers it in the utilitarian view of human rights, it becomes a matter of course. "Without the concept of individual people, it is impossible to have the concept of human rights. "[ Xu Xianming, editor-in-chief: Principles of Human Rights Law, China University of Political Science and Law Press, September 2008, first edition, p. 107. ] Individualism is one of the foundations of the concept of human rights. To deny the individual is to deny human rights fundamentally. In my opinion, what Young sees as human rights has been equated with the right to exist. Younger categorizes himself among countless suffering peoples, willing to sacrifice his own and the lives of millions of Americans in exchange for their very existence. At this time, people have returned to the animal state, and human rights have also faded into animal rights. Since all three theories are facing difficulties, what is the origin of human rights? Because the latter two theories have obvious defects, the author has thought deeply about the first theory, namely the traditional concept. While the natural rights view of human rights cannot address such extreme situations, it has great value in most situations. Habermas believes that it was World War II that evoked respect for individual rights and convinced people of the importance of universal morality. Practice has shown that the history of man is the history of man's continuous liberation. Man has jumped out of many shackles and become a real man. Emphasizing "natural human rights" is undoubtedly of positive significance. As mentioned above, natural law can be regarded as the moral ideal of human beings, and the essence of human rights is also a kind of morality, and morality does not need to be proved, and morality reflects human nature. Young was tortured, and what Brody raised was, in fact, a moral question. Because Brody couldn't avoid her sympathy, she couldn't tolerate violence either. Although she was shaken to a certain extent, we cannot deny the value of morality, which is why we cannot deny human rights. How it is is one thing, how it should be is another. We cannot deny human pursuits because of the ruthlessness of facts. Otherwise, mankind will not be able to progress, and the facts will be difficult to change. Human rights are like a beacon in the distance, illuminating the journey and guiding people forward. Therefore, the author believes that the concept of natural rights and human rights is profound and beneficial. Therefore, the origin of human rights is human nature and morality. In history, people jumped out of many shackles to become human beings in the true sense, and emphasizing "innate human rights" is undoubtedly of positive significance. As mentioned above, natural law can be regarded as the moral ideal of human beings, and the essence of human rights is also a kind of morality, and morality does not need to be proved, and morality reflects human nature. Young was tortured, and what Brody raised was, in fact, a moral question. Because Brody couldn't avoid her sympathy, she couldn't tolerate violence either. Although she was shaken to a certain extent, we cannot deny the value of morality, which is why we cannot deny human rights. How it is is one thing, how it should be is another. We cannot deny human pursuits because of the ruthlessness of facts. Otherwise, mankind will not be able to progress, and the facts will be difficult to change. Human rights are like a beacon in the distance, illuminating the journey and guiding people forward. Therefore, the author believes that the concept of natural rights and human rights is profound and beneficial. Therefore, the origin of human rights is human nature and morality. In history, people jumped out of many shackles to become human beings in the true sense, and emphasizing "innate human rights" is undoubtedly of positive significance. As mentioned above, natural law can be regarded as the moral ideal of human beings, and the essence of human rights is also a kind of morality, and morality does not need to be proved, and morality reflects human nature. Young was tortured, and what Brody raised was, in fact, a moral question. Because Brody couldn't avoid her sympathy, she couldn't tolerate violence either. Although she was shaken to a certain extent, we cannot deny the value of morality, which is why we cannot deny human rights. How it is is one thing, how it should be is another. We cannot deny human pursuits because of the ruthlessness of facts. Otherwise, mankind will not be able to progress, and the facts will be difficult to change. Human rights are like a beacon in the distance, illuminating the journey and guiding people forward. Therefore, the author believes that the concept of natural rights and human rights is profound and beneficial. Therefore, the origin of human rights is human nature and morality.
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