Natural rights and legal rights

Lore & Background

Some philosophers distinguish natural rights from legal rights. Natural rights are universal, fundamental, and inalienable, meaning they do not depend on any particular culture’s laws or customs and cannot be repealed by human laws, though a person can forfeit their enjoyment by violating another’s rights. The law of natural rights is called natural law. Legal rights, by contrast, are granted by a specific legal system and can be modified, repealed, or restrained by human laws; this concept is related to positive law. Natural law first appeared in ancient Greek philosophy, was referenced by Roman philosopher Cicero, alluded to by Saint Paul, and later developed in the Middle Ages by Catholic thinkers such as Albert the Great, Thomas Aquinas, and Jean Gerson. During the Age of Enlightenment, natural law was used to challenge the divine right of kings and to justify social contract, positive law, and government—and thus legal rights—in classical republicanism. Conversely, natural rights are used by others to challenge the legitimacy of such establishments. The idea of human rights derives from natural rights theories. Natural rights are traditionally viewed as exclusively negative rights, while human rights also include positive rights. The concept is not universally accepted; some philosophers, like Jeremy Bentham, called natural rights “simple nonsense.” The existence of natural rights has been asserted on different premises, such as a priori reasoning or religious principles. Almost all lists of natural rights include life and liberty as highest priorities.

Reader's Guide

The distinction between natural and legal rights is significant because it underpins debates about the foundation of human rights and the legitimacy of laws. Iusnaturalism holds that legal norms follow a human universal knowledge, viewing enacted laws that contradict such knowledge as unjust. However, the concept of natural rights is not universally accepted, partly due to its religious associations and perceived incoherence; some philosophers, like Jeremy Bentham, called natural rights 'simple nonsense.' The idea that certain rights are natural or inalienable has a history dating back to the Stoics of late Antiquity, through Catholic law of the early Middle Ages, the Protestant Reformation, and the Age of Enlightenment. Different philosophers have designed different lists of natural rights; almost all include the right to life and liberty. John Locke emphasized 'life, liberty and property,' while Thomas Jefferson substituted 'pursuit of happiness' in the United States Declaration of Independence.

Did You Know?

• Natural rights are considered inalienable, but one can forfeit their enjoyment through actions such as violating someone else's rights.
• Jeremy Bentham called natural rights 'simple nonsense.'
• John Locke emphasized 'life, liberty and property' as primary natural rights, while Thomas Jefferson substituted 'pursuit of happiness' in the U.S. Declaration of Independence.