Theory of Natural and Social Rights

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Questions and Answers

What are the inherent rights that John Locke believed individuals possess?

John Locke believed individuals possess the inherent rights to life, liberty, and property.

How does the theory of natural rights relate to the development of human rights?

The theory of natural rights is the foundation of today's human rights as it emphasizes the inherent rights individuals have.

What is the role of government according to the theory of natural rights?

The role of government is to protect the individual natural rights of its citizens.

What concept did Jean Jacques Rousseau introduce to reconcile natural rights with social unity?

<p>Jean Jacques Rousseau introduced the idea of the social contract.</p> Signup and view all the answers

How did the views of positivists differ from those of natural rights theorists?

<p>Positivists emphasize society and its structures over individual rights.</p> Signup and view all the answers

What did Bentham and Mill argue in relation to social rights?

<p>Bentham and Mill argued that rights are determined by societal conditions and should promote the greatest happiness for the greatest number.</p> Signup and view all the answers

In what way did Thomas Jefferson contribute to the theory of natural rights?

<p>Thomas Jefferson articulated the principles of natural rights in the Declaration of Independence, emphasizing individual freedoms.</p> Signup and view all the answers

What is the connection between individualism and the theory of natural rights?

<p>The development of individualism in the 17th century led to a focus on the rights of individuals within the theory of natural rights.</p> Signup and view all the answers

What historic documents express the liberties reaffirmed during the Glorious Revolution?

<p>The Magna Carta and the Petition of Rights.</p> Signup and view all the answers

According to the theory of economic rights, what role does the State play in society?

<p>The State upholds the specific type of social organization and uses law to preserve the interests of the dominant group.</p> Signup and view all the answers

How does Marx relate the modes of production to political forms and class structures?

<p>Each stage of production corresponds to a specific political form and class structure.</p> Signup and view all the answers

What claim does Laski make regarding the distribution of economic power?

<p>Laski claims that the distribution of economic power influences the character of legal duties in society.</p> Signup and view all the answers

How does the text suggest rights may change over time?

<p>Rights change with the facts of time and place and cannot be rigidly tied to customs alone.</p> Signup and view all the answers

What does the text imply about the dogmas of equality before the law?

<p>They are portrayed as a cloak of inequality, masking the reality of exploitation.</p> Signup and view all the answers

Why are rights not considered to be the product of human nature according to the theory presented?

<p>Rights cannot be traced to ancient customs or inherent utility; they are influenced by social and economic structures.</p> Signup and view all the answers

What does the theory of economic rights reject in its analysis of rights?

<p>It rejects the concepts of natural and other rights as explanations for the nature of rights.</p> Signup and view all the answers

What principle did Laski accept as the basis of rights?

<p>Laski accepted utility as the basis of rights.</p> Signup and view all the answers

How are rights viewed in the theory of legal rights?

<p>In the theory of legal rights, rights are created and maintained by the state.</p> Signup and view all the answers

What criticism do political pluralists have regarding the theory of legal rights?

<p>Political pluralists criticize that the state does not create rights but only recognizes them.</p> Signup and view all the answers

According to the theory of historical rights, where do rights originate?

<p>Rights originate from history and customs that are passed from one generation to another.</p> Signup and view all the answers

How did Burke differentiate between the French and English revolutions in relation to rights?

<p>Burke noted that the French Revolution was based on abstract rights, while the Glorious Revolution in England was based on customary rights.</p> Signup and view all the answers

What appeal does the theory of utility have in terms of justice?

<p>The theory of utility appeals to the sense of justice and reason.</p> Signup and view all the answers

What does the theory of historical rights emphasize in terms of rights maintenance?

<p>The theory emphasizes that rights are maintained by long-standing customs.</p> Signup and view all the answers

What problem does the theory of legal rights face regarding the recognition of rights?

<p>The theory fails to provide an adequate basis for recognizing which rights ought to be ensured.</p> Signup and view all the answers

Flashcards

Theory of Natural Rights

The belief that individuals are born with inherent, fundamental rights that cannot be taken away by the government. These rights stem from natural law, which dictates that people have inherent rights by virtue of their existence as human beings.

Who is John Locke?

A prominent thinker who argued that natural rights include life, liberty, and property, and they are inherent to individuals, not granted by the state.

Theory of Social Rights

A theory that proposes rights are established and defined by society, laws, customs, and traditions. It focuses on what is socially acceptable and beneficial for the majority.

What is the core idea of Social Rights?

This theory emphasizes the creation of rights through societal agreement and the importance of what benefits the greatest number of people.

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Who is Jeremy Bentham?

A key advocate of Social Rights, who believed that social utility, or what benefits the majority, should be the basis for defining rights.

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Who is John Stuart Mill?

A notable advocate of Social Rights, who also promoted the idea of social utility as a basis for defining rights.

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What is natural law?

Natural law is a system of rules and principles that are thought to be inherent in nature and accessible to human reason. It is a source of moral and legal principles that were believed to be universal and unchanging.

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What was Jean-Jacques Rousseau's view on natural rights?

Rousseau believed that individuals enter society with the inherent right to be free and independent, and that the only legitimate form of government is one that is based on the consent of the governed.

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State Theory of Rights

The theory that rights are directly created and enforced by the state. It suggests that rights are granted by governing power and individuals have no inherent rights without state recognition.

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Historical Theory of Rights

A theory that rights emerge from the historical development of customs and traditions, passed down through generations. Emphasis is on the long-standing practices of a society as the source of rights.

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Greatest Happiness Principle

The principle of greatest happiness for the greatest number of people. This concept guides decisions based on maximizing happiness and minimizing harm for the majority.

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Utility of Rights

The usefulness or value of something. In this case, it refers to the value of rights to individuals and society. The utility of a right is measured by its benefit to both.

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State as the Source of Rights

Rights are not inherent or natural but are created by the state. Individuals have no rights without the state providing them.

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Rights as Essential for Human Development

Rights are considered essential for the development of human society. They are not simply granted; they are a cornerstone of societal progress.

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Rights Based on Contribution

Rights are grounded in the contributions individuals make to the well-being of society. The more one contributes, the more rights they should have.

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Rights are Relative and Subject to Change

Rights are not absolute or independent but are derived from the needs of individuals and the requirements of society. They are subject to adjustments based on changing social needs.

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Theory of Economic Rights

This theory argues that rights originate from the economic power dynamics within a society. It suggests that the dominant economic group dictates the laws and legal rights, ensuring their own interests are protected.

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Karl Marx's View on Rights

He believed that the State is a tool for maintaining the existing social order, and that laws are designed to safeguard the interests of the ruling class.

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Rejection of Natural Rights

This concept rejects the idea of inherent or natural rights. Instead, it emphasizes that rights are created and shaped by the economic realities of a society.

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Laski's Agreement with Marx

Laski believed that the distribution of economic power determines the legal duties imposed on individuals. He argued that the economically powerful group controls the government and uses it to secure their own interests.

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Rights as a Cloak for Inequality

This theory suggests that laws and rights are used to maintain and perpetuate the dominance of the economically powerful group. In this view, equality before the law is a facade that masks actual inequality.

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Origins of Rights

It argues that rights are not inherent or created by customs but emerge from the interplay of economic forces and the need to manage them.

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Economic Control Over Government

The dominant economic group in society uses the government to control the legal system, ensuring that laws are designed to protect their own interests.

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Dynamic Nature of Rights

Rights are not seen as fixed or unchanging but are dynamic and evolve with the changing economic realities and social dynamics of a society.

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Study Notes

Theory of Natural Rights

  • Natural rights are inherent to individuals, not granted by governments
  • Natural rights are based on natural law, which dictates how people should live and organize society
  • In the 17th century, natural law was modified to focus on individual rights
  • Natural rights cannot be violated
  • John Locke believed individuals had natural rights to life, liberty, and property that governments cannot take away or abolish
  • Government legitimacy depends on protecting individual natural rights
  • Natural rights include freedom of worship, voice in government, and property rights
  • Jean-Jacques Rousseau linked natural rights with social unity & cooperation through the social contract
  • Thomas Jefferson, Samuel Adams, and Thomas Paine used natural rights to justify revolution

Theory of Social Rights

  • Social rights are the conditions necessary for society
  • Rights are determined by what is socially useful and desirable, aiming for the greatest happiness for most people or utility
  • Jeremy Bentham & John Stuart Mill advocated for the greatest happiness principle
  • Utility is the measure of rights, considering reason and experience
  • Rights are not independent of society; their value is linked to their contribution to the well-being of society
  • Rights are built upon their utility to both individuals and the broader community (utility is the measuring rod)
  • Legal rights are created and maintained by the state
  • The state is the sole source of rights; outside the state, individuals have no rights
  • Critics argue this theory does not offer a satisfying basis for rights; it might lead to tyranny from the state

Theory of Historical Rights

  • Historical rights are derived from history and customs
  • Rights are passed down from one generation to the next, emphasized by custom and tradition
  • Edmund Burke argued that the French Revolution was based on abstract rights while the English Glorious Revolution stemmed from customary rights.

Theory of Economic Rights

  • Economic rights are based on Karl Marx's ideas.
  • Marx criticizes the concept of natural rights, viewing rights as determined by the state to serve the interests of those in power
  • Rights' nature hinges on economic models (mode of production)
  • The dominant group controls the state, and laws protect and preserve this group's interests.
  • Marx viewed rights as instruments of control and subjugation
  • Those with economic power shape and control legal duties

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