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Some philosophers distinguish two types of
rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights).
Natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
is the law of natural rights. * Legal rights are those bestowed onto a person by a given
legal system A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
(they can be modified, repealed, and restrained by human laws). The concept of
positive law Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of posit ...
is related to the concept of legal rights. Natural law first appeared in
ancient Greek philosophy Ancient Greek philosophy arose in the 6th century BC. Philosophy was used to make sense of the world using reason. It dealt with a wide variety of subjects, including astronomy, epistemology, mathematics, political philosophy, ethics, metaphysics ...
, and was referred to by
Roman philosopher Ancient Roman philosophy is philosophy as it was practiced in the Roman Republic and its successor state, the Roman Empire. Roman philosophy includes not only philosophy written in Latin, but also philosophy written in Greek in the late Republic ...
Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...
. It was subsequently alluded to in the Bible, and then developed in the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
by Catholic philosophers such as Albert the Great, his pupil
Thomas Aquinas Thomas Aquinas ( ; ; – 7 March 1274) was an Italian Dominican Order, Dominican friar and Catholic priest, priest, the foremost Scholasticism, Scholastic thinker, as well as one of the most influential philosophers and theologians in the W ...
, and Jean Gerson in his 1402 work "''De Vita Spirituali Animae."'' During the
Age of Enlightenment The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...
, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a
social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...
,
positive law Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of posit ...
, and government – and thus legal rights – in the form of
classical republicanism Classical republicanism, also known as civic republicanism or civic humanism, is a form of republicanism developed in the Renaissance inspired by the governmental forms and writings of classical antiquity, especially such classical writers as Ar ...
. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments. The idea of
human rights Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
derives from theories of natural rights.Jones, Peter. ''Rights''. Palgrave Macmillan, 1994, pp. 72, 74. Those rejecting a distinction between human rights and natural rights view human rights as the successor that is not dependent on
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
,
natural theology Natural theology is a type of theology that seeks to provide arguments for theological topics, such as the existence of a deity, based on human reason. It is distinguished from revealed theology, which is based on supernatural sources such as ...
, or Christian theological doctrine. Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The 1948 United Nations
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
is an important
legal instrument Legal instrument is a law, legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation ...
enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative rights, whereas human rights also comprise positive rights. Even on a natural rights conception of human rights, the two terms may not be synonymous. The concept of natural rights is not universally accepted, partly due to its religious associations and perceived incoherence. Some philosophers argue that natural rights do not exist and that legal rights are the only rights; for instance,
Jeremy Bentham Jeremy Bentham (; 4 February Dual dating, 1747/8 Old Style and New Style dates, O.S. 5 February 1748 Old Style and New Style dates, N.S.– 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of mo ...
called natural rights "simple nonsense".
Iusnaturalism Natural law (, ) is a philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts that certai ...
, particularly, holds that legal norms follow a human universal knowledge. Thus, it views enacted laws that contradict such universal knowledge as unjust and illegitimate, but some jusnaturalists might attribute the source of
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
to a natural order instead of a divine mandate.


History

The idea that certain rights are natural or inalienable also has a history dating back at least to the
Stoics Stoicism is a school of Hellenistic philosophy that flourished in ancient Greece and Rome. The Stoics believed that the universe operated according to reason, ''i.e.'' by a God which is immersed in nature itself. Of all the schools of ancient ...
of
late Antiquity Late antiquity marks the period that comes after the end of classical antiquity and stretches into the onset of the Early Middle Ages. Late antiquity as a period was popularized by Peter Brown (historian), Peter Brown in 1971, and this periodiza ...
, through Catholic law of the early
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
, and descending through the
Protestant Reformation The Reformation, also known as the Protestant Reformation or the European Reformation, was a time of major theological movement in Western Christianity in 16th-century Europe that posed a religious and political challenge to the papacy and ...
and the
Age of Enlightenment The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...
to today. The existence of natural rights has been asserted by different individuals on different premises, such as ''
a priori ('from the earlier') and ('from the later') are Latin phrases used in philosophy to distinguish types of knowledge, Justification (epistemology), justification, or argument by their reliance on experience. knowledge is independent from any ...
'' philosophical reasoning or religious principles. For example,
Immanuel Kant Immanuel Kant (born Emanuel Kant; 22 April 1724 – 12 February 1804) was a German Philosophy, philosopher and one of the central Age of Enlightenment, Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works ...
claimed to derive natural rights through reason alone. The
United States Declaration of Independence The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continen ...
, meanwhile, is based upon the " self-evident" truth that "all men are ... endowed by their Creator with certain unalienable Rights". Likewise, different philosophers and statesmen have designed different lists of what they believe to be natural rights; almost all include the right to life and
liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
as the two highest priorities. H. L. A. Hart argued that if there are any rights at all, there must be the right to liberty, for all the others would depend upon this.
T. H. Green Thomas Hill Green (7 April 183626 March 1882), known as T. H. Green, was an English philosopher, political Radicalism (historical), radical and Temperance movement, temperance reformer, and a member of the British idealism movement. Like ...
argued that "if there are such things as rights at all, then, there must be a right to life and liberty, or, to put it more properly to free life."
John Locke John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thi ...
emphasized "life, liberty and property" as primary. However, despite Locke's influential defense of the right of revolution,
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
substituted " pursuit of happiness" in place of "property" in the
United States Declaration of Independence The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continen ...
.


Ancient

Stephen Kinzer, a veteran journalist for ''The New York Times'' and the author of the book ''All The Shah's Men'', writes in the latter that: The 40 Principal Doctrines of the
Epicureans Epicureanism is a system of philosophy founded 307 BCE based upon the teachings of Epicurus, an ancient Greek philosopher. Epicurus was an atomist and materialist, following in the steps of Democritus. His materialism led him to religious s ...
taught that "in order to obtain protection from other men, any means for attaining this end is a natural good" (PD 6). They believed in a contractarian ethics where mortals agree to not harm or be harmed, and the rules that govern their agreements are not absolute (PD 33), but must change with circumstances (PD 37–38). The Epicurean doctrines imply that humans in their natural state enjoy personal sovereignty and that they must consent to the laws that govern them, and that this consent (and the laws) can be revisited periodically when circumstances change. The
Stoics Stoicism is a school of Hellenistic philosophy that flourished in ancient Greece and Rome. The Stoics believed that the universe operated according to reason, ''i.e.'' by a God which is immersed in nature itself. Of all the schools of ancient ...
held that no one was a slave by nature; slavery was an external condition juxtaposed to the internal freedom of the soul ('' sui juris'').
Seneca the Younger Lucius Annaeus Seneca the Younger ( ; AD 65), usually known mononymously as Seneca, was a Stoicism, Stoic philosopher of Ancient Rome, a statesman, a dramatist, and in one work, a satirist, from the post-Augustan age of Latin literature. Seneca ...
wrote: Of fundamental importance to the development of the idea of natural rights was the emergence of the idea of natural human equality. As the historian A.J. Carlyle notes: "There is no change in political theory so startling in its completeness as the change from the theory of Aristotle to the later philosophical view represented by
Cicero Marcus Tullius Cicero ( ; ; 3 January 106 BC – 7 December 43 BC) was a Roman statesman, lawyer, scholar, philosopher, orator, writer and Academic skeptic, who tried to uphold optimate principles during the political crises tha ...
and Seneca. ... We think that this cannot be better exemplified than with regard to the theory of the equality of human nature." Charles H. McIlwain likewise observes that "the idea of the equality of men is the profoundest contribution of the Stoics to political thought" and that "its greatest influence is in the changed conception of law that in part resulted from it." Cicero argues in De Legibus that "we are born for Justice, and that right is based, not upon opinions, but upon Nature."


Modern

One of the first Western thinkers to develop the contemporary idea of natural rights was French theologian Jean Gerson, whose 1402 treatise ''De Vita Spirituali Animae'' is considered one of the first attempts to develop what would come to be called modern natural rights theory. The Polish-Lithuanian union made a natural rights case at the
Council of Constance The Council of Constance (; ) was an ecumenical council of the Catholic Church that was held from 1414 to 1418 in the Bishopric of Constance (Konstanz) in present-day Germany. This was the first time that an ecumenical council was convened in ...
(1414–1418), led by Paulus Vladimiri, rector of the
Jagiellonian University The Jagiellonian University (, UJ) is a public research university in Kraków, Poland. Founded in 1364 by Casimir III the Great, King Casimir III the Great, it is the oldest university in Poland and one of the List of oldest universities in con ...
. He challenged legality of the
Teutonic Order The Teutonic Order is a religious order (Catholic), Catholic religious institution founded as a military order (religious society), military society in Acre, Israel, Acre, Kingdom of Jerusalem. The Order of Brothers of the German House of Sa ...
's crusade against Lithuania, arguing that the Order could only wage a defensive war if pagans violated the natural rights of the Christians. Vladimiri further stipulated that infidels had rights which had to be respected, and neither the Pope nor the
Holy Roman Emperor The Holy Roman Emperor, originally and officially the Emperor of the Romans (disambiguation), Emperor of the Romans (; ) during the Middle Ages, and also known as the Roman-German Emperor since the early modern period (; ), was the ruler and h ...
had the authority to violate them. Lithuanians also brought a group of Samogitian representatives to testify to atrocities committed by the Order. The Stoic doctrine that the "inner part cannot be delivered into bondage" re-emerged centuries later in the
Reformation The Reformation, also known as the Protestant Reformation or the European Reformation, was a time of major Theology, theological movement in Western Christianity in 16th-century Europe that posed a religious and political challenge to the p ...
doctrine of liberty of conscience. In 1523,
Martin Luther Martin Luther ( ; ; 10 November 1483 – 18 February 1546) was a German priest, Theology, theologian, author, hymnwriter, professor, and former Order of Saint Augustine, Augustinian friar. Luther was the seminal figure of the Reformation, Pr ...
wrote: 17th-century English philosopher
John Locke John Locke (; 29 August 1632 (Old Style and New Style dates, O.S.) – 28 October 1704 (Old Style and New Style dates, O.S.)) was an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thi ...
discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such
fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Susta ...
could not be surrendered in the
social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...
. Preservation of the natural rights to life, liberty, and property was claimed as justification for the rebellion of the American colonies. As George Mason stated in his draft for the ''
Virginia Declaration of Rights The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaratio ...
'', "all men are born equally free", and hold "certain inherent natural rights, of which they cannot, by any compact, deprive or divest their posterity." Another 17th-century Englishman,
John Lilburne John Lilburne (c. 161429 August 1657), also known as Freeborn John, was an English political Leveller before, during and after the English Civil Wars 1642–1650. He coined the term "'' freeborn rights''", defining them as rights with which e ...
(known as ''Freeborn John''), who came into conflict with both the monarchy of King Charles I and the
military dictatorship A military dictatorship, or a military regime, is a type of dictatorship in which Power (social and political), power is held by one or more military officers. Military dictatorships are led by either a single military dictator, known as a Polit ...
of
Oliver Cromwell Oliver Cromwell (25 April 15993 September 1658) was an English statesman, politician and soldier, widely regarded as one of the most important figures in British history. He came to prominence during the Wars of the Three Kingdoms, initially ...
, argued for level human basic rights he called "'' freeborn rights''" which he defined as being rights that every human being is born with, as opposed to rights bestowed by government or by human law. The distinction between alienable and unalienable rights was introduced by Francis Hutcheson. In his ''Inquiry into the Original of Our Ideas of Beauty and Virtue'' (1725), Hutcheson foreshadowed the Declaration of Independence, stating: "For wherever any Invasion is made upon unalienable Rights, there must arise either a perfect, or external Right to Resistance. ... Unalienable Rights are essential Limitations in all Governments." Hutcheson, however, placed clear limits on his notion of unalienable rights, declaring that "there can be no Right, or Limitation of Right, inconsistent with, or opposite to the greatest public Good." Hutcheson elaborated on this idea of unalienable rights in his ''A System of Moral Philosophy'' (1755), based on the
Reformation The Reformation, also known as the Protestant Reformation or the European Reformation, was a time of major Theology, theological movement in Western Christianity in 16th-century Europe that posed a religious and political challenge to the p ...
principle of the liberty of conscience. One could not in fact give up the capacity for private judgment (e.g., about religious questions) regardless of any external contracts or oaths to religious or secular authorities so that right is "unalienable". Hutcheson wrote: "Thus no man can really change his sentiments, judgments, and inward affections, at the pleasure of another; nor can it tend to any good to make him profess what is contrary to his heart. The right of private judgment is therefore unalienable." In the German Enlightenment,
Hegel Georg Wilhelm Friedrich Hegel (27 August 1770 – 14 November 1831) was a 19th-century German idealism, German idealist. His influence extends across a wide range of topics from metaphysical issues in epistemology and ontology, to political phi ...
gave a highly developed treatment of this inalienability argument. Like Hutcheson, Hegel based the theory of inalienable rights on the ''de facto'' inalienability of those aspects of personhood that distinguish persons from things. A thing, like a piece of property, can in fact be transferred from one person to another. According to Hegel, the same would not apply to those aspects that make one a person: In discussion of
social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...
theory, "inalienable rights" were said to be those rights that could not be surrendered by citizens to the sovereign. Such rights were thought to be ''natural rights'', independent of positive law. Some social contract theorists reasoned, however, that in the natural state only the strongest could benefit from their rights. Thus, people form an implicit social contract, ceding their natural rights to the authority to protect the people from abuse, and living henceforth under the legal rights of that authority. Many historical apologies for slavery and illiberal government were based on explicit or implicit voluntary contracts to alienate any "natural rights" to freedom and
self-determination Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage. Self-determination is a cardinal principle in modern international la ...
. The ''de facto'' inalienability arguments of Hutcheson and his predecessors provided the basis for the anti-slavery movement to argue not simply against involuntary slavery but against any explicit or implied contractual forms of slavery. Any contract that tried to legally alienate such a right would be inherently invalid. Similarly, the argument was used by the democratic movement to argue against any explicit or implied social contracts of subjection (''pactum subjectionis'') by which a people would supposedly alienate their right of self-government to a sovereign as, for example, in ''
Leviathan Leviathan ( ; ; ) is a sea serpent demon noted in theology and mythology. It is referenced in several books of the Hebrew Bible, including Psalms, the Book of Job, the Book of Isaiah, and the pseudepigraphical Book of Enoch. Leviathan is of ...
'' by
Thomas Hobbes Thomas Hobbes ( ; 5 April 1588 – 4 December 1679) was an English philosopher, best known for his 1651 book ''Leviathan (Hobbes book), Leviathan'', in which he expounds an influential formulation of social contract theory. He is considered t ...
. According to Ernst Cassirer, These themes converged in the debate about American independence. While Jefferson was writing the Declaration of Independence, Welsh nonconformist
Richard Price Richard Price (23 February 1723 – 19 April 1791) was a British moral philosopher, Nonconformist minister and mathematician. He was also a political reformer and pamphleteer, active in radical, republican, and liberal causes such as the F ...
sided with the colonists' claim that King George III was "attempting to rob them of that liberty to which every member of society and all civil communities have a natural and unalienable title."Price, Richard (1979). ''Observations on the Nature of Civil Liberty''. 1776, Part I. Reprinted in: Peach, Bernard, (Ed.) ''Richard Price and the Ethical Foundations of the American Revolution''.
Duke University Duke University is a Private university, private research university in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present-day city of Trinity, North Carolina, Trinity in 1838, the school moved to Durham in 1 ...
Press.
Price again based the argument on the ''de facto'' inalienability of "that principle of spontaneity or self-determination which constitutes us agents or which gives us a command over our actions, rendering them properly ours, and not effects of the operation of any foreign cause." Any social contract or compact allegedly alienating these rights would be non-binding and void, wrote Price: Price raised a furor of opposition so in 1777 he wrote another tract that clarified his position and again restated the ''de facto'' basis for the argument that the "liberty of men as agents is that power of self-determination which all agents, as such, possess." In ''Intellectual Origins of American Radicalism'', Staughton Lynd pulled together these themes and related them to the slavery debate: Meanwhile, in America,
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
"took his division of rights into alienable and unalienable from Hutcheson, who made the distinction popular and important", and in the 1776
United States Declaration of Independence The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continen ...
, famously condensed this to: In the 19th century, the movement to abolish slavery seized this passage as a statement of constitutional principle, although the U.S. constitution recognized and protected the institution of slavery. As a lawyer, future Chief Justice Salmon P. Chase argued before the Supreme Court in the case of John Van Zandt, who had been charged with violating the Fugitive Slave Act, that: The concept of inalienable rights was criticized by
Jeremy Bentham Jeremy Bentham (; 4 February Dual dating, 1747/8 Old Style and New Style dates, O.S. 5 February 1748 Old Style and New Style dates, N.S.– 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of mo ...
and
Edmund Burke Edmund Burke (; 12 January ew Style, NS1729 – 9 July 1797) was an Anglo-Irish Politician, statesman, journalist, writer, literary critic, philosopher, and parliamentary orator who is regarded as the founder of the Social philosophy, soc ...
as groundless. Bentham and Burke claimed that rights arise from the actions of government, or evolve from tradition, and that neither of these can provide anything ''inalienable''. (See Bentham's "Critique of the Doctrine of Inalienable, Natural Rights", and Burke's '' Reflections on the Revolution in France''). Presaging the shift in thinking in the 19th century, Bentham famously dismissed the idea of natural rights as "nonsense on stilts". By way of contrast to the views of Burke and Bentham, Patriot scholar and justice James Wilson criticized Burke's view as "tyranny". The signers of the Declaration of Independence deemed it a "self-evident truth" that all men "are endowed by their Creator with certain unalienable Rights". In ''
The Social Contract ''The Social Contract'', originally published as ''On the Social Contract; or, Principles of Political Right'' (), is a 1762 French-language book by the Republic of Geneva, Genevan philosopher Jean-Jacques Rousseau. The book theorizes about how ...
'',
Jean-Jacques Rousseau Jean-Jacques Rousseau (, ; ; 28 June 1712 – 2 July 1778) was a Republic of Geneva, Genevan philosopher (''philosophes, philosophe''), writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment through ...
claims that the existence of inalienable rights is unnecessary for the existence of a constitution or a set of laws and rights. This idea of a
social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...
that rights and responsibilities are derived from a consensual contract between the government and the peopleis the most widely recognized alternative. One criticism of natural rights theory is that one cannot draw norms from facts. This objection is variously expressed as the is-ought problem, the naturalistic fallacy, or the
appeal to nature In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
. G.E. Moore, for example, said that
ethical naturalism Ethical naturalism (also called moral naturalism or naturalistic cognitivistic definism) is the meta-ethical view that holds that moral properties and facts are reducible to natural properties and can be studied through empirical or scientific me ...
falls prey to the naturalistic fallacy. Some defenders of natural rights theory, however, counter that the term "natural" in "natural rights" is contrasted with "artificial" rather than referring to
nature Nature is an inherent character or constitution, particularly of the Ecosphere (planetary), ecosphere or the universe as a whole. In this general sense nature refers to the Scientific law, laws, elements and phenomenon, phenomena of the physic ...
. John Finnis, for example, contends that
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
and natural rights are derived from self-evident principles, not from speculative principles or from facts. There is also debate as to whether all rights are either natural or legal. Fourth president of the United States
James Madison James Madison (June 28, 1836) was an American statesman, diplomat, and Founding Fathers of the United States, Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the ...
, while representing Virginia in the House of Representatives, believed that there are rights, such as
trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...
, that are social rights, arising neither from
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
nor from
positive law Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of posit ...
(which are the basis of natural and legal rights respectively) but from the
social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...
from which a government derives its authority.


Thomas Hobbes

Thomas Hobbes (1588–1679) included a discussion of natural rights in his moral and
political philosophy Political philosophy studies the theoretical and conceptual foundations of politics. It examines the nature, scope, and Political legitimacy, legitimacy of political institutions, such as State (polity), states. This field investigates different ...
. Hobbes' conception of natural rights extended from his conception of man in a "state of nature". Thus he argued that the essential natural (human) right was "to use his own power, as he will himself, for the preservation of his own Nature; that is to say, of his own Life; and consequently, of doing any thing, which in his own judgement, and Reason, he shall conceive to be the aptest means thereunto." ( ''Leviathan''. 1, XIV) Hobbes sharply distinguished this natural "liberty", from natural "laws", described generally as "a precept, or general rule, found out by reason, by which a man is forbidden to do, that, which is destructive of his life, or taketh away the means of preserving his life; and to omit, that, by which he thinketh it may best be preserved." ( ''Leviathan''. 1, XIV) In his natural state, according to Hobbes, man's life consisted entirely of liberties and not at all of laws – "It followeth, that in such a condition, every man has the right to every thing; even to one another's body. And therefore, as long as this natural Right of every man to every thing endureth, there can be no security to any man... of living out the time, which Nature ordinarily allow men to live." ( ''Leviathan''. 1, XIV) This would lead inevitably to a situation known as the " war of all against all", in which human beings kill, steal and enslave others to stay alive, and due to their natural lust for "Gain", "Safety" and "Reputation". Hobbes reasoned that this world of chaos created by unlimited rights was highly undesirable, since it would cause human life to be "solitary, poor, nasty, brutish, and short". As such, if humans wish to live peacefully they must give up most of their natural rights and create moral obligations to establish political and
civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...
. Hobbes objected to the attempt to derive rights from "
natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
", arguing that law ("lex") and right ("jus") though often confused, signify opposites, with law referring to obligations, while rights refer to the absence of obligations. Since by our (human) nature, we seek to maximize our well being, rights are prior to law, natural or institutional, and people will not follow the laws of nature without first being subjected to a sovereign power, without which all ideas of right and wrong are meaningless – "Therefore before the names of Just and Unjust can have place, there must be some coercive Power, to compel men equally to the performance of their Covenants..., to make good that Propriety, which by mutual contract men acquire, in recompense of the universal Right they abandon: and such power there is none before the erection of the Commonwealth." ( ''Leviathan''''. 1, XV) This marked an important departure from medieval natural law theories which gave precedence to obligations over rights.


John Locke

John Locke (1632–1704) was another prominent Western philosopher who conceptualized rights as natural and inalienable. Like Hobbes, Locke believed in a natural right to life,
liberty Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...
, and
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
. It was once conventional wisdom that Locke greatly influenced the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
with his writings of natural rights, but this claim has been the subject of protracted dispute in recent decades. For example, the historian Ray Forrest Harvey declared that Jefferson and Locke were at "two opposite poles" in their political philosophy, as evidenced by Jefferson's use in the Declaration of Independence of the phrase "pursuit of happiness" instead of "property". More recently, the eminent legal historian John Phillip Reid has deplored contemporary scholars' "misplaced emphasis on John Locke", arguing that American revolutionary leaders saw Locke as a ''commentator'' on established constitutional principles. Thomas Pangle has defended Locke's influence on the Founding, claiming that historians who argue to the contrary either misrepresent the classical republican alternative to which they say the revolutionary leaders adhered, do not understand Locke, or point to someone else who was decisively influenced by Locke. This position has also been sustained by Michael Zuckert. According to Locke, there are three natural rights: * Life: everyone is entitled to live. * Liberty: everyone is entitled to do anything they want to so long as it does not conflict with the first right. * Estate: everyone is entitled to own all they create or gain through gift or trade so long as it does not conflict with the first two rights. In developing his concept of natural rights, Locke was influenced by reports of society among Native Americans, whom he regarded as natural peoples who lived in a "state of liberty" and perfect freedom, but "not a state of license". It also informed his conception of
social contract In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it ...
. Although he does not blatantly state it, his position implies that even in light of our unique characteristics we should not be treated differently by our neighbors or our rulers. "Locke is arguing that there is no natural characteristic sufficient to distinguish one person from another... of, course there are plenty of natural differences between us" (Haworth 103). What Haworth takes from Locke is that John Locke was obsessed with supporting equality in society, treating everyone as an equal. He does though highlight our differences with his philosophy showing that we are all unique and important to society. In his philosophy, it is highlighted that the ideal government should also protect everyone, and provide rights and freedom to everyone, because we are all important to society. His ideas then were developed into the movements for freedom from the British creating our government. However, his implied thought of freedom for all is applied most heavily in our culture today. Starting with the civil rights movement, and continuing through women's rights, Locke's call for a fair government can be seen as the influence in these movements. His ideas are typically just seen as the foundation for modern democracy; however, it is not unreasonable to credit Locke with the social activism throughout the history of America. By founding this sense of freedom for all, Locke was laying the groundwork for the equality that occurs today. Despite the apparent misuse of his philosophy in early American democracy. The Civil Rights movement and the suffrage movement both called out the state of American democracy during their challenges to the government's view on equality. To them it was clear that when the designers of democracy said all, they meant all people shall receive those natural rights that John Locke cherished so deeply. "a state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another" (Locke II,4). Locke in his papers on natural philosophy clearly states that he wants a government where all are treated equal in freedoms especially. "Locke's views on toleration were very progressive for the time" (Connolly). Authors such as Jacob Connolly confirm that to them Locke was highly ahead of his time with all this progressive thinking. That is that his thought fits our current state of democracy where we strive to make sure that everyone has a say in the government, and everyone has a chance at a good life. Regardless of race, gender, or social standing starting with Locke it was made clear not only that the government should provide rights, but rights to everyone through his social contract. The social contract is an agreement between members of a country to live within a shared system of laws. Specific forms of government are the result of the decisions made by these persons acting in their collective capacity. Government is instituted to make laws that protect the three natural rights. If a government does not properly protect these rights, it can be overthrown.


Thomas Paine

Thomas Paine (1731–1809) further elaborated on natural rights in his influential work '' Rights of Man'' (1791), emphasizing that rights cannot be granted by any charter because this would legally imply they can also be revoked and under such circumstances, they would be reduced to privileges:


American individualist anarchists

While at first American individualist anarchists adhered to natural rights positions, later in this era led by
Benjamin Tucker Benjamin Ricketson Tucker (; April 17, 1854 – June 22, 1939) was an American individualist anarchist and self-identified socialist. Tucker was the editor and publisher of the American individualist anarchist periodical ''Liberty'' (1881–19 ...
, some abandoned natural rights positions and converted to
Max Stirner Johann Kaspar Schmidt (; 25 October 1806 – 26 June 1856), known professionally as Max Stirner (; ), was a German post-Hegelian philosopher, dealing mainly with the Hegelian notion of social alienation and self-consciousness. Stirner is oft ...
's
Egoist anarchism Egoist anarchism or anarcho-egoism, often shortened as simply egoism, is a Anarchist schools of thought, school of anarchist thought that originated in the philosophy of Max Stirner, philosophy of Max Stirner, a 19th-century philosopher whose "n ...
. Rejecting the idea of moral rights, Tucker said there were only two rights: "the right of might" and "the right of contract". He also said, after converting to Egoist individualism, "In times past... it was my habit to talk glibly of the right of man to land. It was a bad habit, and I long ago sloughed it off. ... Man's only right to land is his might over it."Tucker, Instead of a Book, p. 350 According to Wendy McElroy: Several periodicals were "undoubtedly influenced by ''Libertys presentation of egoism, including ''I'' published by C.L. Swartz, edited by W.E. Gordak and J.W. Lloyd (all associates of ''Liberty''); ''The Ego'' and ''The Egoist'', both of which were edited by Edward H. Fulton. Among the egoist papers that Tucker followed were the German ''
Der Eigene ''Der Eigene'' (, ) was the first Homosexuality, gay journal in the world, published from 1896 to 1932 by Adolf Brand in Berlin. Brand contributed many poems and articles; other contributors included writers Benedict Friedlaender, Hanns Heinz Ewe ...
'', edited by Adolf Brand, and ''The Eagle'' and ''The Serpent'', issued from London. The latter, the most prominent English-language egoist journal, was published from 1898 to 1900 with the subtitle 'A Journal of Egoistic Philosophy and Sociology. Among those American anarchists who adhered to egoism include
Benjamin Tucker Benjamin Ricketson Tucker (; April 17, 1854 – June 22, 1939) was an American individualist anarchist and self-identified socialist. Tucker was the editor and publisher of the American individualist anarchist periodical ''Liberty'' (1881–19 ...
, John Beverley Robinson, Steven T. Byington, Hutchins Hapgood,
James L. Walker James L. Walker (June 1845 – April 2, 1904), sometimes known by the pen name Tak Kak, was an American individualist anarchism, individualist anarchist of the Egoist anarchism, Egoist school, born in Manchester, United Kingdom. Walker was on ...
, Victor Yarros and E.H. Fulton.


Leo Strauss: Critique & Defense of Natural Right

Leo Strauss Leo Strauss (September 20, 1899 – October 18, 1973) was an American scholar of political philosophy. He spent much of his career as a professor of political science at the University of Chicago, where he taught several generations of students an ...
defends natural right against German critiques of a sort that pave the way to the Third Reich in his Walgreen lectures and in later works also entering into a debate with the Nazi legal theorist
Carl Schmitt Carl Schmitt (11 July 1888 – 7 April 1985) was a German jurist, author, and political theorist. Schmitt wrote extensively about the effective wielding of political power. An authoritarian conservative theorist, he was noted as a critic of ...
on related issues. His concern echoes Locke’s fear of the war-of-all-against-all. His defense is multi-faceted and his primary thesis remains largely implicit—without an operative defense of Natural Right society will disintegrate and nihilisms of the sort that gave rise to the
Third Reich Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a totalitarian dictat ...
will predominate. Effectively: Natural Right may be repealed in practice yet what remains will not transcend but rather fall short of any organization that could properly be considered ‘social,’ or 'human'--in which the notion of freedom would be rendered meaningless. Whether or not the argument for Natural Right is plausible in an absolutely decisive or purely formal sense it will nevertheless motivate a sufficiently popular self-defense of liberalism against the (equally false or contingent) transcendentalism of fascism, thought
Leo Strauss Leo Strauss (September 20, 1899 – October 18, 1973) was an American scholar of political philosophy. He spent much of his career as a professor of political science at the University of Chicago, where he taught several generations of students an ...
. Incomplete according to its formal contingency or dependence on popular behavior, Strauss’s argument remains permanently open until such time as liberalism is impracticable or becomes indefensible—seemingly (arguably) supported by the supremacy of liberal republicanism (or representative democratic capitalism) in geopolitics in the later phases of the 20th century, but potentially falling with the failure of the same.


Contemporary

Many documents now echo the phrase used in the
United States Declaration of Independence The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continen ...
. The preamble to the 1948 United Nations
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
asserts that rights are inalienable: "recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world." Article 1, § 1 of the California Constitution recognizes inalienable rights and articulated ''some'' (not all) of those rights as "defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...
." However, there is still much dispute over which "rights" are truly natural rights and which are not, and the concept of natural or inalienable rights is still controversial to some.
Erich Fromm Erich Seligmann Fromm (; ; March 23, 1900 – March 18, 1980) was a German-American social psychologist, psychoanalyst, sociologist, humanistic philosopher, and democratic socialist. He was a German Jew who fled the Nazi regime and set ...
argued that some powers over human beings could be wielded only by God, and that if there were no God, no human beings could wield these powers. Contemporary political philosophies continuing the classical liberal tradition of natural rights include
libertarianism Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according t ...
,
anarcho-capitalism Anarcho-capitalism (colloquially: ancap or an-cap) is a political philosophy and economic theory that advocates for the abolition of centralized states in favor of stateless societies, where systems of private property are enforced by pri ...
and Objectivism, and include amongst their canon the works of authors such as
Robert Nozick Robert Nozick (; November 16, 1938 – January 23, 2002) was an American philosopher. He held the Joseph Pellegrino Harvard University Professor, University Professorship at Harvard University,Ayn Rand Alice O'Connor (born Alisa Zinovyevna Rosenbaum; , 1905March 6, 1982), better known by her pen name Ayn Rand (), was a Russian-born American writer and philosopher. She is known for her fiction and for developing a philosophical system which s ...
and
Murray Rothbard Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian School,Ronald Hamowy, ed., 2008, The Encyclopedia of Libertarianism', Cato Institute, Sage, , p. 62: "a leading economist of the Austri ...
. 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." Various definitions of inalienability include non-relinquishability, non-salability, and non-transferability. This concept has been recognized by libertarians as being central to the question of voluntary slavery, which
Murray Rothbard Murray Newton Rothbard (; March 2, 1926 – January 7, 1995) was an American economist of the Austrian School,Ronald Hamowy, ed., 2008, The Encyclopedia of Libertarianism', Cato Institute, Sage, , p. 62: "a leading economist of the Austri ...
dismissed as illegitimate and even self-contradictory. Stephan Kinsella argues that "viewing rights as alienable is perfectly consistent with – indeed, implied by – the libertarian non-aggression principle. Under this principle, only the initiation of force is prohibited;
defensive Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense indust ...
, restitutive, or retaliatory force is not." Various philosophers have created different lists of rights they consider to be natural. Proponents of natural rights, in particular Hesselberg and Rothbard, have responded that reason can be applied to separate truly
axiom An axiom, postulate, or assumption is a statement that is taken to be true, to serve as a premise or starting point for further reasoning and arguments. The word comes from the Ancient Greek word (), meaning 'that which is thought worthy or ...
atic rights from supposed rights, stating that any principle that requires itself to be disproved is an axiom. Critics have pointed to the lack of agreement between the proponents as evidence for the claim that the idea of natural rights is merely a political tool. Hugh Gibbons has proposed a descriptive argument based on human biology. His contention is that human beings were other-regarding as a matter of necessity, to avoid the costs of conflict. Over time they developed expectations that individuals would act in certain ways which were then prescribed by society (duties of care etc.) and that eventually crystallized into actionable rights. Philosopher Alex Naileg argues that if biological parents have parental responsibility towards their born children, then abortion rights entail that persons capable of becoming pregnant have the right to relinquish their future parental responsibility; however, the biological fathers of their born children do not have the same right to relinquish their future parental responsibility, thereby violating equality of rights. Thus, under these premises biologically different people have different rights. The argument extends to natural rights if someone maintains that the right to bodily autonomy is a natural right.


Catholic Church

The
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
considers natural law a
dogma Dogma, in its broadest sense, is any belief held definitively and without the possibility of reform. It may be in the form of an official system of principles or doctrines of a religion, such as Judaism, Roman Catholicism, Protestantism, or Islam ...
. The Church considers that: "The natural law expresses the original moral sense which enables man to discern by reason the good and the evil, the truth and the lie: 'The natural law is written and engraved in the soul of each and every man, because it is human reason ordaining him to do good and forbidding him to sin . . . But this command of human reason would not have the force of law if it were not the voice and interpreter of a higher reason to which our spirit and our freedom must be submitted. The natural law consists, for the Catholic Church, of one supreme and universal principle from which are derived all our natural moral obligations or duties. Thomas Aquinas resumes the various ideas of Catholic moral thinkers about what this principle is: since good is what primarily falls under the apprehension of the practical reason, the supreme principle of moral action must have the good as its central idea, and therefore the supreme principle is that good is to be done and evil avoided.


See also

*
Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of econom ...
*
Constitutionalism Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". Political organizations are constitutional to ...
*
Dignity Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the new natural law theory as a distinct human good. As an extension of the Enlightenment- ...
*
Need A need is a deficiency at a point of time and in a given context. Needs are distinguished from wants. In the case of a need, a deficiency causes a clear adverse outcome: a dysfunction or death. In other words, a need is something required for a ...
*
Legal positivism In jurisprudence (also known as legal philosophy), legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This con ...
* Natural-rights libertarianism *
Natural person in French law In French law, a (lit. physical person, English: natural person) is a human being who has capacity as a legal person ('). A is recognized as a subject in law, rather than an object of law such as a thing. A human being with (personhood) i ...
*
Ratchet effect The ratchet effect is a concept in sociology and economics illustrating the difficulty with reversing a course of action once a specific thing has occurred, analogous with the mechanical ratchet (device), ratchet that allows movement in one dire ...
*
Rule according to higher law The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule accordin ...
*
Rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...
*
Special rights Special rights is a term originally used by conservatives and libertarians to refer to laws granting rights to one or more groups that are not extended to other groups. Ideas of special rights are controversial, as they clash with the principle ...
*
Substantive due process due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Consti ...


References


Further reading

* Ellerman, David, ''Neo-Abolitionism: Abolishing Human Rentals in Favor of Workplace Democracy'', SpringerNature, 2021 * Grotius, Hugo, ''The Rights Of War And Peace'': Three Volume Set, 1625 * Haakonssen, Knud, ''Grotius, Pufendorf and Modern Natural Law'', 1999 * Hutcheson, Francis. ''A System of Moral Philosophy''. 1755, London. * Locke, John. ''
Two Treatises of Government ''Two Treatises of Government'' (full title: ''Two Treatises of Government: In the Former, The False Principles, and Foundation of Sir Robert Filmer, and His Followers, Are Detected and Overthrown. The Latter Is an Essay Concerning The True O ...
''. 1690 (primarily the second treatise) * Lloyd Thomas, D.A. ''Locke on Government''. 1995, Routledge. * * Pufendorf, Baron Samuel von,'' Law of Nature and Nations'', 1625 * * Siedentop, Larry, ''Inventing the Individual: The Origins of Western Liberalism'', Belknap Press, 2014. * Tierney, Brian, ''The Idea of Natural Rights'', Eerdmans, 1997. * Tuck, Richard, ''Natural Rights Theories: Their Origin and Development'', 1982 * Waldron, Jeremy d.''Theories of Rights'' 1984,
Oxford University Press Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books ...
.


External links


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