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Rights Theory
Rights Theory
What is a right?
Background
Rights theory goes back to the contract
theory of politics(Locke, Hobbes)
Civil society is based on a contract by
which individuals emerge form a state of
nature
State of nature is a state with no laws and
power.
Even so, in a state of nature humans enjoy
rights that are born with them. Ex freedom
Rights
Rights are claims or entitlement that should be observed/respected.
Rights entail a sense of owing. Society owe us such entitlement. Also,
rights entail a sense of obligation. Society has obligation to us. In
addition, rights entail a sense of duty. Society has a duty to us.
Rights thought to exist by virtue of their reasonableness. To some,
they are like abstract entities that are true in themselves. Selfevident.
They are unconditional, uncompromising, and absolute
Kinds of rights:
Natural rights: born with us
Conventional right: man made rights
Negative rights: Society owe us not to take away. Ex freedom
Positive : Society owe to provide us . Ex Protection
Natural rights are primary from which many conventional rights are
derived
Rights theory
Natural positive
Natural negative
Conventional positive
Conventional negative
Rights
Good acts are those done in
accordance with rights. Bad things
are those done against rights.
Objection: Are there universal rights?