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Understanding Natural Rights Theory

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Understanding Natural Rights Theory

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afrozeinamdep
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Natural Rights

Theory of Natural Rights The principle of natural rights is first and foremost among the various
theories related to the rights. John Locke, in his article Second Treaties on Civil Government,
published in 1690, gave the most effective statement on natural rights. But before that the theory of
natural rights had been presented by Thomas Hobbes. His ideas related to natural rights can be
understood by her concept called 'natural state'. It refers to the state of human life in the absence of
a systematic political institution and government - in other words, the natural state of a human being
against artificial condition under a government. According to Hobbs, the natural right he called 'Jas
naturalis'.

The natural rights theory propounded by Locke other liberal thinker, declared that all men are born
with certain inherent right. Rights inherited in individual human being rather than in society or state.
‘God gives them to his children just as he gives them arms, legs, eyes and ears.’ Rights, according to
this theory, were attributed to the individual as they are the intrinsic property of man. Whatever
right are granted to a man as citizen of this or that state, his natural rights go with him where he
goes. Natural rights were derived from natural law and were propagated by the social contract
theorists like Hobbes, Locke and Rousseau. They assumed that man had certain natural rights before
the origin of the state and he surrendered some of them to a superior authority i.e. civil society in
order to safeguard the rest of them. Hobbes considered right to life as a natural right. Locke declared
right to life, liberty and property as the natural rights. Rousseau has prioritized the rights of Freedom
and Equality.

Contemporary political philosophies which continue to believe in the liberal tradition of natural rights
include libertarianism, anarcho-capitalism and Objectivism, and include scholars like Ludwig von
Mises, Friedrich Hayek, Ayn Rand, and Murray Rothbard. A libertarian view of inalienable rights is
laid out in Morris and Linda Tannehill's ‘The Market for Liberty’, which claims that a man has a right
to ownership over his life and, therefore, also his property, because he has invested time (i.e. part of
his life) in it and thereby made it an extension of his life. However, if he initiates force against and to
the detriment of another man, he alienates himself from the right to that part of his life which is
required to pay his debt: “Rights are not inalienable, but only the possessor of a right can alienate
himself from that right - no one else can take a man's rights from him.”

Critics of Natural Rights

The idea of natural rights was not accepted by the latter political philosophers.

 It was felt that if rights are attributed to the individual absolutely, we cannot resolve the
conflict between man and society. For example, in a situation like famine, one man’s right to
life could be violated by hoarding of food by another man’s right to property. That is if the
two equally absolute rights conflict, there is no principle upon which this can be solved.
 The most obvious criticism of this theory was what is meant by natural. It is found that the
word nature was used in a multi-dimensional sense such as: nature as a whole universe,
nature as the non-human part of the universe. In short, the term ‘natural’ remained vague at
the hands of various writers.
 There can be no rights without a law. Rights imply certain duties; they imply social relations
on which duties can rest. As was pointed out by Green later on, every right must be justified
in terms of ends which the community considers good and that which cannot be attained
without rights.
 The theory assumed that one could have rights and obligations independent of society. This
was an erroneous view because the question of rights emerges only in the society and in the
context of social relationship.

Common questions

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The argument for inherent, inalienable rights suggests that these rights are fundamental, unchanging, and derived from being human, which ensures personal freedom and protection from state interference . However, the perspective that rights depend on social context implies that rights must be adaptable to collective needs and societal dynamics, often requiring a balance between individual and societal welfare . Inherent rights promote individual autonomy and protection, but may risk ignoring societal needs, while context-dependent rights offer adaptability but can lead to potential abuses by authorities prioritizing communal goals over individual freedoms.

Critics argue that the attribution of absolute rights to individuals can lead to conflicts with societal interests, such as during a famine where the right to life might conflict with the right to property . Moreover, the concept of 'natural' is seen as vague and multi-dimensional . Additionally, without a legal framework, rights imply duties and social relations, conflicting with the notion that rights can exist independently of society . These critiques suggest contemporary issues in reconciling individual rights with collective well-being, illustrating potential legal and ethical challenges.

According to Locke, attributing rights to individuals rather than society or the state centers the importance of personal autonomy, ensuring that the state or societal structures serve the individual rather than subsume personal rights to collective interests . This signifies a fundamental shift prioritizing the individual as the primary holder of rights, thereby limiting the power of the state and ensuring that individuals have intrinsic claims to life, liberty, and property, which societies must respect and protect . This approach underlines human dignity and freedom as central to political theory and legislation.

Rousseau puts more emphasis on freedom and equality, suggesting that these are the foundational rights that ensure a more equitable society, possibly reflecting a communal approach to governance . In contrast, Locke's focus on life, liberty, and property underlines individualism and personal ownership as key to human rights, promoting a structured society that protects these through governance . The differing priorities imply that Rousseau's social contract might prioritize communal gains and collective responsibility while Locke emphasizes protection and enhancement of individual rights, affecting governance styles and societal structures.

Morris and Linda Tannehill argue that a man owns his life and thus his property, as they see property as an extension of one's life due to the investment of time, highlighting personal investment as a basis for property rights . They recognize that rights are not inalienable if one initiates force against another, suggesting that such actions void one's rights to the extent required to rectify harm done . This presents a limitation by admitting that rights can be forfeited, contradicting the notion of absolute inalienability and introducing conditions dependent on behavior.

Contemporary political philosophies like libertarianism and anarcho-capitalism draw heavily on the traditional theories of natural rights, emphasizing individual autonomy and limited government interference, consistent with Locke's views on natural rights . These philosophies advocate for private ownership where rights to life and property are sacrosanct, seen as extensions of individual freedom . However, they also consider the role of market dynamics in safeguarding these rights, thereby introducing economic aspects that differ from older theories which primarily focus on political structures.

The concept of natural rights profoundly influences contemporary political thought by underlining the importance of inherent individual freedoms that democratic societies aim to protect through constitutions and legal systems . This legacy informs human rights laws and international norms, emphasizing personal liberties and protection against tyranny. It shapes political discourse in democracies, promoting governance that safeguards individual rights over majoritarian or authoritarian impulses, thus fostering political and legal frameworks that emphasize human dignity and freedom . Such influence continues to drive global movements towards equity and justice.

Critics contend that the term 'natural' is used inconsistently, leading to ambiguity in understanding what comprises natural rights, which complicates their application within legal frameworks . Since legal systems require clear definitions for enforceability, the vague nature of 'natural rights' can result in divergent interpretations, inconsistent legal protections, and challenges in creating universally applicable laws that protect these rights . This ambiguity could weaken the assured protection and create loopholes or conflict when applying these rights practically.

John Locke's concept of natural rights includes the right to life, liberty, and property, which are inherent and cannot be surrendered, reflecting Locke's belief in a positive view of human nature and individualism . On the other hand, Thomas Hobbes focuses on the right to life, stemming from his perspective of humans in a 'natural state' leading to a state of war, thereby necessitating the surrender of certain rights for societal peace and order . The philosophical implications highlight divergent views on human nature and the role of government, where Locke promotes individual freedom and Hobbes emphasizes security and societal order.

For Hobbes, the social contract entails surrendering certain natural rights to a sovereign authority to ensure peace and protection from the natural state's chaos . Locke argues for surrendering only some rights to preserve life, liberty, and property within a civil society that must protect these retained rights . Rousseau's contract emphasizes surrendering individual freedoms for collective freedom and equality, fostering a society where general will prevails . This surrender is seen as necessary to prevent anarchy and to create structured environments where essential rights can be protected and individuals can coexist peacefully.

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