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Rights
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Claim rights and liberty rights
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Some philosophers distinguish two types of rights, natural rights and legal rights.[1]
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or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights).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 is the law of natural rights.
Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights.
Natural law first appeared in ancient Greek philosophy,[2] and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible,[3] and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, 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, positive law, and government – and thus legal rights – in the form of classical republicanism. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.
The idea of human rights derives from theories of natural rights.[4] Those rejecting a distinction between human rights and natural rights view human rights as the successor that is not dependent on natural law, natural theology, or Christian theological doctrine.[4] 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 is an important legal instrument enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative rights,[5] whereas human rights also comprise positive rights.[6] 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 called natural rights "simple nonsense".[7]
^"Natural Rights | History of Western Civilization II". courses.lumenlearning.com. Archived from the original on 17 October 2020. Retrieved 14 October 2020.
^Rommen, Heinrich A.; Hanley, Thomas R. (1998). The Natural Law: A Study in Legal and Social Philosophy. Liberty Publishing. ISBN 978-0865971615. OCLC 1004487064. Archived from the original on 7 March 2022. Retrieved 7 March 2022.Natural rights and legal rights at Google Books
^For example, the imperative "not to harm others" is said to be justified by natural law, but the same is not true when it comes to providing protection against harm
^See James Nickel, Human Rights Archived 5 August 2019 at the Wayback Machine, 2010. The claim that "..all human rights are negative rights.." is rejected, therefore human rights also comprise positive rights.
^"human rights – Natural law transformed into natural rights". Britannica. Archived from the original on 3 August 2022. Retrieved 3 August 2022.
and 24 Related for: Natural rights and legal rights information
Some philosophers distinguish two types of rights, naturalrightsandlegalrights. Naturalrights are those that are not dependent on the laws or customs...
argued that humans have a natural right to life. These are sometimes called moral rights or inalienable rights. Legalrights, in contrast, are based on...
stated that there are certain naturalrights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom...
due process; the right to seek redress or a legal remedy; andrights of participation in civil society and politics such as freedom of association, the...
used are: implied rights, naturalrights, background rights, and fundamental rights. Unenumerated rights may become enumerated rights if they necessitate...
Group Rights in International Law. Groups as Contested Right-Holders, Subjects andLegal Persons. The Raoul Wallenberg Institute of Human Rights Library...
Age of Enlightenment. Ideas of naturalrights, which had a basis in natural law, lay at the core of the American and French Revolutions which occurred...
Conceptions, As Applied in Judicial Reasoning and Other Legal Essays (1919). Liberty rightsand claim rights are the inverse of one another: a person has...
Rights of nature or Earth rights is a legaland jurisprudential theory that describes inherent rights as associated with ecosystems and species, similar...
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal...
Constitution, in 1873. Civil and political rights Civil liberties in the United Kingdom First Charter of Virginia Naturalandlegalrights Parliament in the Making...
not legally binding, the contents of the UDHR have been elaborated and incorporated into subsequent international treaties, regional human rights instruments...
Labor rights or workers' rights are both legalrightsand human rights relating to labor relations between workers and employers. These rights are codified...
Reproductive rights are legalrightsand freedoms relating to reproduction and reproductive health that vary amongst countries around the world. The World...
Digital rights are those human rightsandlegalrights that allow individuals to access, use, create, and publish digital media or to access and use computers...
World War II, the legal principles were incorporated in the UN Charter and a host of international human rights treaties. Minority rights, as applying to...
basic human rights of physical survival and integrity, but also the rights over their land (including native title), language, religion, and other elements...
constitution, and therefore subject to special procedures applicable to constitutional amendments. The history of legal charters asserting certain rights for particular...
corporations are assigned rights, so should natural objects such as trees. Citing the broadening of rights of blacks, Jews, women, and fetuses as examples,...
Linguistic rights include, among others, the right to one's own language in legal, administrative and judicial acts, language education, and media in a...
to economic and social development Right to a healthy environment Right to natural resources Right to communicate and communication rights Right to participation...
the legal minimum ages at which such rights are acquired, such as the age of majority and the voting age.[citation needed] Codified youth rights constitute...
justification for this doctrine, from a policy standpoint, is the notion of naturalrightsand the idea that every individual should have a right to control how...
the legal protection of individual property rights. A right to property is specified in Article 17 of the 1948 Universal Declaration of Human Rights, but...