On the Validity of Jellinek's and Weber's Views on the Origin of Human Rights : A Study from the Viewpoint of History of Law and Legal Thought

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The purpose of this study is to historically verify whether a theory that the origin of human rights is to be found in freedom of religion can be recognized as appropriate. As a result, especially the following four points became clear. The first is that freedom of religion could not be regarded as the conclusive origin of human rights. The second is that in the process of codifying the Virginia Bill of Rights that has been regarded as the document of the oldest rights of man, the section of freedom of religion could not come to a definitive conclusion to the end. The third is that the addressee of freedom of religion was not all the people, but Protestants. The fourth is that regarding the origin of human rights in America, not only freedom of religion but also the right of the people to keep and bear arms was an important factor.