Reflections on the Conception of the Fundamental Human Rights (II)

There are controversies on the essential conception of the fundamental human rights, prescribed in the Japanese Constitution, whether they are "natural" rights or "legal" ones. Which view should be a validity in the theoretical formulation on the Japanese Constitution? Such a theoretical appropriateness shall be verified by an inquiry into the theories on the natural law and natural rights. We have here some reflections on the theory of John Locke concerning the natural law and natural rights. It is conceived that John Locke distinguishes the natural rights from the legal rights. This view stand with the statement that the rights in the positive law do not constitute the natural rights, that is, the rights in the positive law are the legal rights. Thus, in the Japanese Constitution, an argument that the fundamental human rights are the legal rights shall be proved theoretically on this basis