Natural rights and legal rights

Natural rights and legal rights are two types of rights that are often contrasted by philosophers, legal scholars, and political scientists. Natural rights are those that are not dependent on the laws, customs, or beliefs of any particular culture or government, and are therefore universal and inalienable. Legal rights are those bestowed onto a person by a given legal system.

Natural Rights

Natural rights are rights that are derived from nature or God and not contingent upon the laws, customs, or beliefs of any particular culture or government. The concept of natural rights originated from the ancient philosophers such as Plato and Aristotle, and was further developed during the Enlightenment by philosophers such as John Locke, Thomas Hobbes, and Jean-Jacques Rousseau.

Natural rights typically include the right to life, liberty, and property. They are considered inalienable and universal, meaning they cannot be repealed by human laws, are the same for all people regardless of nationality, location, or time, and are automatically granted to individuals by virtue of their humanity.

Legal Rights

Legal rights are rights conferred upon a person by a particular legal system. They can be modified, repealed, and granted by the government. Legal rights vary from one legal system to another and can be specific to a certain country, state, or jurisdiction.

Legal rights include civil rights, such as the right to privacy, the right to a fair trial, and the right to vote, and economic rights, such as the right to own property, the right to work, and the right to social security. Legal rights are protected and enforced by the legal system of the jurisdiction in which they are granted.

Relationship between Natural Rights and Legal Rights

The relationship between natural rights and legal rights is a subject of ongoing philosophical debate. Some philosophers and legal theorists believe that legal rights should be based on, or at least not conflict with, natural rights. Others argue that legal rights should be based on social conventions or agreements, and not necessarily on natural rights.

See Also

• Human rights
• Civil rights
• Social contract
• Constitutional law
• Jurisprudence

References

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