Legal Right
A Legal Right is a right that is bestowed onto an agent by a legal system.
- Context:
- It can be an entitlement granted by law that protects an individual or entity's interests within a legal framework.
- ...
- Example(s):
- Counter-Example(s):
- an Arbitrary Deprivation,
- an Unlawful Seizure,
- a Natural Right.
- See: Legal System, Alienation (Property Law), Natural Law, Age of Enlightenment, Divine Right of Kings, Social Contract, Positive Law, Government, Exclusive Right, Civil Rights, Human Rights, Constitutional Rights.
References
2014
- (Wikipedia, 2014) ⇒ http://en.wikipedia.org/wiki/Natural_and_legal_rights Retrieved:2014-7-2.
- Natural and legal rights are two types of rights. Legal rights are those bestowed onto a person by a given legal system. Natural rights are those not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable (i.e., cannot be sold, transferred, or removed).
The theory of natural law is closely related to the theory of natural rights. During the Age of Enlightenment, natural law theory challenged 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. [1] [2] The idea of human rights is also closely related to that of natural rights: some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights. [3] Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The 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, [4] whereas human rights also comprise positive rights. [5] Even on a natural rights conception of human rights, the two terms may not be synonymous. The proposition that animals have natural rights is one that has gained the interest of philosophers and legal scholars in the 20th century. [6]
The legal philosophy known as Declarationism seeks to incorporate the natural rights philosophy of the United States Declaration of Independence into the body of American case law on a level with the United States Constitution.
- Natural and legal rights are two types of rights. Legal rights are those bestowed onto a person by a given legal system. Natural rights are those not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable (i.e., cannot be sold, transferred, or removed).
- ↑ Murray Rothbard, The Ethics of Liberty
- ↑ Murray Rothbard, For a New Liberty
- ↑ Jones, Peter. Rights. Palgrave Macmillan, 1994, p. 73.
- ↑ 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, 2010. The claim that "..all human rights are negative rights.." is rejected, therefore human rights also comprise positive rights.
- ↑ "Animal Rights", Encyclopædia Britannica, 2007; Dershowitz, Alan. Rights from Wrongs: A Secular Theory of the Origins of Rights, 2004, pp. 198–99; "Animal Rights: The Modern Animal Rights Movement", Encyclopaedia Britannica, 2007.