ipl-logo

Natural Rights Theory

1950 Words8 Pages

Abstract
This paper analyses the development of natural rights theories as well as examines why some philosophers such as Karl Marx and Jeremy Bentham criticised the concept. It concludes by arguing that while natural rights theories have their own shortcomings, the theories have nevertheless contributed immensely to political and social studies.

1. Introduction
One of the most contested debates that have preoccupied political and social scientists is the historical literature on the development of natural rights theories as well as their application. Those in support of the theory such as Jefferson (1776), argue that all human beings should relate on an equal footing and must enjoy certain undeniable rights which no one can take away.

The …show more content…

2. Understanding the Concept on Rights
As Birshan (1998) rightly put in his article titled “What is Natural about Natural Rights?” it is critical for one to first understand the principle of rights before one can support either of the divergent views on natural rights theories. A full appreciation of the concept on rights will enable one to meaningfully contribute to the whole discourse on natural rights theories.

According to the Universal Declaration of Human Rights (UDHR) of 1948 the concept of rights is generally defined as basic entitlements or freedom a human being should have. In essence, rights are a necessity to ensure that human beings co-exist peacefully together, and it is critical for all human authorities, particularly governments to respect and guarantee such rights to promote sustainable …show more content…

In this sense, Smith (2012) argues that the issue of natural rights theory has been successfully employed by many to justify resistance to unjust laws and revolution against tyrannical governments.

The second part of the theory of the natural rights theories has more to do with special rights such as non-consensual and consensual special rights. For example, consensual special rights refer to those rights that every individual has to enter into an agreement or arrangement with another as long as the two assent to that agreement or arrangement. This agreement could be between employee and employer.

On the other hand, non-consensual special rights are rights that arise out of an unchosen relationship that do not need any party to consent to such an association. A typical example of this relationship is between parents and their offspring as none of them choose to the other. However, as a parent, one is expected to provide certain rights to their children such as the right to food, education and

Show More
Related
1721 Words | 7 Pages

While we can read about liberty and the state of nature in Rousseau and, at least implicitly, in Madison, we cannot necessarily determine where these views come from. Why does Rousseau view the state of nature as slavery to one’s instincts? Why does Madison think negative liberties are so important? While a possible explanation could refer to their views about human nature, this explanation is hard to support with Memorial and Remonstrance and On the Social Contract alone. More analysis of Rousseau and Madison’s other works could provide richer context for this particular disagreement, shedding light on the views of two tremendously influential thinkers about politics and

Read More
1314 Words | 6 Pages

The age from 1450 – 1750 are categorized as the age of exploration where several European countries embarked on expeditions to create colonies in the New World. Portugal and Spain were the first countries to establish colonies in the New World, while England was the latest in obtaining colonies because of religious disunity and lack of financial capital. However, due to joint-stock companies, English citizens had a chance of settling in the New World or in the Americas for the reason of getting wealthy or the reason of escaping religious persecution. Salutary neglect left joint-stock companies to finance the trips of these new colonists.

Read More
587 Words | 3 Pages

The writers of the Declaration of Independence demonstrate that all men are equally created and are provided with [God-given] rights that cannot be taken away, and those include, the rights to, “Life, Liberty, and the pursuit of Happiness”. In the preamble, the Declaration of Independence indicates, “… men are created equal, that they are endowed by their Creator with certain unalienable Rights… Life, Liberty and the pursuit of Happiness,” (“The Declaration of Independence”). John Lock, the philosopher who strongly influenced that segment of the Declaration of Independence argues, how life is, in fact, an inalienable right because God owns us, in other words, we do not own ourselves (James). In society, the unalienable rights can be seen as how we have the right to do anything we want in our lives, but there are rules that are established so that we can remain safe and therefore, they should be followed. The unalienable rights present in the Declaration of Independence are just one of many examples that express democratic ideas important to American

Read More
835 Words | 4 Pages

One of the biggest influences that John Locke had on President Jefferson was, what John Locke dubbed, “Natural Rights,” and what Jefferson called, “Unalienable Rights.” Meaning practically the same thing, these rights were very similar, and it is obvious that Jefferson’s version derives from Locke’s ‘Natural Rights.’ John Locke’s version stated that all peoples shall possess the following rights: Life, Liberty, and Property. In this case, life means, that people people will fight to live and want to survive. Liberty refers to being free, and being able to make one’s own decision.

Read More
450 Words | 2 Pages

These rights were the Right to Equality, Freedom to Slavery, and the Freedom of Torture. The Universal Declaration of Human Rights must not be violated at any cost. According to the Universal Declaration of the Human Rights, it states that, “We are all born free and equal to every other human being. All human beings are born in dignity and rights.”

Read More
1229 Words | 5 Pages

“These rights are, entire liberty of a person and property; freedom of press; the right of being tried in all criminal cases by a jury of independent men - the right of being tried only according to the strict letter of the law; and the right of every man to profess, unmolested, what religion he chooses” (Document 6). During the Enlightenment the ideas of natural rights were being reintroduced,

Read More
1322 Words | 6 Pages

One of the most famous lines in all of America’s documents sums up John Locke’s theory of natural laws. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are life, liberty, and the pursuit of Happiness.” [5] This statement means that God gives us rights, such as life, liberty, and happiness. These rights cannot be taken away and are equally given by God to all men. It is easy for one to notice that this idea proposed in the Declaration is almost identical to Locke’s proposed natural rights philosophy from Second Treatise of Government.

Read More
788 Words | 4 Pages

Natural rights play a crucial role in the declaration of independence and our society today. Natural rights are the most basic rights a person is born with that no one can take away, but were taken away by the king during that time. “I believe in the

Read More
291 Words | 2 Pages

In The Declaration of Human and Civic Rights says “ in the presence and under the auspices of the Supreme Being, the following rights of Men and of the Citizen”, and in the Declaration of Independence says “the separate and equal station to which the laws of nature and

Read More
1133 Words | 5 Pages

There are a lot of enlightenment ideas like free speech, divide power and majority rules. The enlightenment idea that I am talking about contains all three of ideas. It is made by John Locke and is called as natural rights. I think the most important idea that challenges the existing authority is the natural rights. The enlightenment idea of natural rights challenged the existing authority of the king because he thinks he is the only one that has rights and no one else has it.

Read More
430 Words | 2 Pages

Jovania Andrade Social Ethics William Behun “The Declaration of Independence of the United States of America draws on the theory of Natural Law in its opening passage: We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights." “What does it mean for rights to be unalienable? What does it mean for rights to be natural? Is this different from claiming that these rights have a source in a divine creator?”

Read More
662 Words | 3 Pages

(Docs. 5, 2, 8) A similar and common idea is one of John Locke’s. He believed that rights and power should be handed to the individual, and not the government, (Doc. 1) This idea was extremely idea and, at times, hard to grasp. Some modern thinkers believed that rights should still be held onto by the government, but only leniently. (Doc. 11)

Read More
599 Words | 3 Pages

The result is unappealing for a normative account of human rights, as both the rights and the obligations become “special, not universal” (431). However, O'Neill identifies the “deepest problem” to be that the obligations attributed to states are second-order, namely to “secure” the respect of liberty rights and “ensure” the fulfilment of rights to goods and services (433). The issue is that first-order obligations are the counterparts of the rights described instead (434). She argues that the state relegates first-order obligations to individuals, who become the “beneficiaries” of obligations while bearing their “burden” (436). Ultimately, she voices concern that overburdening 'the farmer and the physician' may diminish both their willingness of provide their respective services and the quality of their labour

Read More
169 Words | 1 Pages

We the people of the United States can do to ensure that our liberties and rights are preserved and protected . The Constitution was ratified on June 21, 1788. The 13th states was the first to ratify the Constitution. All citizens of the United States , have Natural Rights because " Locke believed that the most basic human law of nature is the preservation of mankind’’. Locke reasoned that individual people have rights and duty to their own lives .

Read More
902 Words | 4 Pages

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. This statement by the Founding Fathers is the core disagreement between the 13 Colonies and Great Britain. Throughout this historical document, there are multiple arguments made to get the authors’ point across. The authors’ effectively use logos, ethos, and pathos to contribute to the formation of the concluding argument. Logos is used because the thesis is straight to the point and it is supported throughout the entire document.

Read More

More about Natural Rights Theory

Related Topics

Open Document