Rights

Rights are fundamental principles regarding freedom or entitlement. They serve as normative rules within legal systems, social conventions, or ethical theories. These rules dictate what is allowed for people or what is owed to them. Rights are essential to law and ethics, particularly within deontology and theories of justice. They help structure the form of governments and the content of laws. Furthermore, rights influence how morality is perceived in society.

Historically, scholars have debated when the concept of rights actually began. For a long time, many believed the ancient world had no concept of rights. The scholar Alasdair MacIntyre argued that no ancient language could correctly translate the term "a right." He suggested this concept did not appear in Hebrew, Greek, Latin, or Arabic until near 1400. Benjamin Constant also stated that ancients lacked a conception of individual rights. However, more recent scholarship has challenged these older historical views.

Rights can be categorized by their origin as either natural or legal. Natural rights are not man-made or artificial. They derive from human nature or the edicts of a god. These rights are universal and apply to all people regardless of their society. Because they inhere in every individual, they are often called inalienable or moral rights. An example is the natural right to life. In contrast, legal rights are based on a society's specific laws, customs, or statutes. These are culturally and politically relative. For example, the right to vote is a legal right held by citizens.

Philosophers have long disagreed on the validity of these two types. Jeremy Bentham believed that legal rights were the true essence of rights. He denied that natural rights actually existed. Conversely, Thomas Aquinas argued that rights must be grounded in natural law. He believed that laws not based on natural law were merely a pretense of rights. This debate explores whether rights are inherent to being human or created by governments. These distinctions shape how different legal systems are built and maintained.

Another way to classify rights is by the relationship between people. A claim right creates a duty for another person. If Person A has a claim right, Person B has a duty to act or refrain from acting. For instance, claim rights to life and property require others not to assault or restrain a person. In some jurisdictions, citizens have claim rights to social welfare services. A liberty right, or privilege, is simply a permission to act. It does not require anyone else to perform a service. A person with a liberty right to free speech can speak without legal prohibition. However, this does not mean others must listen or help enable that speech.

Rights can also be described as positive or negative. A positive right is an entitlement to a specific service or treatment. This is often called an entitlement to be "done unto." An example is the purported right to welfare. A negative right is a permission to be left alone. It allows for inaction or requires others to do nothing. In the United States, citizens have a positive right to vote and a negative right to not vote. In Australia, voting is compulsory, so citizens lack that negative right. Libertarians often focus on negative rights as an entitlement to non-interference.

Finally, we must consider whether rights belong to individuals or groups. Individual rights are held by single people regardless of their group membership. Some thinkers, like Ayn Rand, argue that only individuals have rights. This view is often tied to the philosophy of Objectivism. However, others argue that groups can possess rights as distinct entities. A nation or a platoon of soldiers might be seen as a corporate body with its own will. In some cases, a group's rights might even supersede individual rights. This can create tension, such as when a labor union's negotiated wages conflict with a single worker's wishes.