Natural rights

Natural rights

July 4, 2022

8083

This article is written by Nidhi Rani Garg, a law graduate. This article will give you a detailed understanding of the ideas of natural law and natural rights as well as the opinions of numerous philosophers on the subject.

This article has been published by Sneha Mahawar.

Introduction

Natural rights are rights conferred on all people by nature or God, which no government or individual can deny or limit. ‘Natural law’ is frequently used to describe how natural rights are conferred on people. The concept of a natural law proving the existence of certain natural rights was originally introduced in ancient Greek philosophy. Later on, it was mentioned in the Bible and developed further in the Middle Ages. During the Age of Enlightenment, natural rights were used to counter Absolutism or Kings’ Divine rights. The contemporary concept of natural rights evolved from ancient and medieval theories of natural law, which held that individuals, as creatures of nature and God, should live their lives and structure their societies in accordance with natural or divine norms and precepts. Natural law concepts were to emphasise the fact that individuals, as natural creatures, have rights that cannot be violated by anyone or any community, especially in the 17th century.

History of natural rights

The idea of all human beings being born equal and possessing equal natural rights that can be recognized dates back to the earliest of human civilization is rooted in history and is linked to individual struggles against injustice. Although the term ‘human rights’ is new, the idea that a person has certain basic, inalienable rights against a sovereign state dates back to the notions of Natural Law and Natural Rights.

Natural law is a concept that originated in ancient Greece. Individual rights, according to this theory, are derived from nature and so cannot be taken for granted or assigned by political authorities.

The idea of natural rights originated from natural law during the Renaissance Humanism era in the early modern period, shifting the focus away from the community and onto the individual. Whereas before, natural law was more concerned with the connection between the state and society, natural rights granted the person the power to oppose injustice and bring claims against the state.

Thomas Hobbes (1588 – 1679), John Locke (1632 – 1704), and Jean-Jacques Rousseau (1712 – 1778) developed the Natural Rights idea during the 18th century’s ‘Age of Enlightenment.’

Definition of natural rights

Natural rights are the rights that all persons are granted basically for being human. They are universal moral principles that apply to all cultures and societies, and they are unaffected by political legislation. As a result, natural rights are frequently referred to as inalienable rights, or rights that cannot be taken away. Natural rights are the foundation of society’s social contract. Even if the government didn’t exist, it would still exist.

Natural rights were initially written about as an element of natural law by the ancient Greek philosopher Cicero. The primary basis of natural law, according to Thomas Aquinas’ natural rights concept from the 13th century, is that “good is to be done and pursued, and evil avoided.” The United States Declaration of Independence and the United Nations Universal Declaration of Human Rights are two modern interpretations of natural rights.

Type of natural rights

Natural rights are divided into two categories, which are described below.

Inalienable rights

Inalienable rights are unalienable components of humankind that serve as the foundation for moral interactions between people. These are privileges that can never be taken away. They are irreversible components of mankind and the foundation for moral interactions between people.

Alienable rights

The term “alienate” comes from the field of property law. It refers to the act of transferring something. Generally, we alienate property rights all the time by selling or giving them away.

What rights can be termed as natural rights

The rights that can be classified as natural rights are listed below.

The right to life preservation

Every human being has the right to survive, and no authority can ever deprive them of that right. This right includes the ability to protect yourself against those who hurt you. The right to life, according to most philosophers, is the most fundamental natural right.

The right to property ownership

Every individual has the right to own property, whether individually or jointly. Some thinkers, such as John Locke, argued that the power to own property included the ability to own one’s own labour.

The right to liberty

Every human being has the right to live a free life. They have the right to freedom of movement (which includes the right to be free of unlawful detention) as well as the right to think freely. Some argue that the right to privacy is a natural right that is included in the right to personal liberty.

The right to religious freedom

Everyone has the right to choose their religion and build a relationship with it. Both Aquinas’ writings and the United States Bill of Rights recognize the right to religion. The Right to Know God was written by Aquinas, and the Bill of Rights affirms that Americans have religious freedom without government interference.

Natural law theory by various philosophers

John Locke

John Locke was the first significant proponent of natural rights. He famously asserted that everyone has the right to life, liberty, and property. Furthermore, no sovereign has the authority to infringe on another sovereign’s rights. One of the motivating reasons for engaging in the social contract, according to Locke, is to protect individual rights. According to social contract theorists, respecting the law is justified and motivated by a collective agreement among society’s members.

The natural rights doctrine of John Locke had a huge impact. His philosophy, for example, was influential in the creation of the United States Declaration of Independence, which highlighted the rights to life, liberty, and the pursuit of happiness. While Locke is seen as a pivotal player in the development of liberal democracies in the eighteenth and nineteenth centuries.

Thomas Aquinas

In the year 1225, Thomas Aquinas was born into a noble family in Italy. Thomas Aquinas was a medieval saint who was said to have been able to levitate and see visions of the Virgin Mary. He was particularly concerned with describing how angels communicate and behave. Nonetheless, he is important because he aids us in resolving a long-standing dilemma: how to combine religion and science, faith, and reason. Aquinas was a saint as well as a philosopher. He established a fresh understanding of the role of reason in human existence by refusing to abandon his faith or believe mindlessly. Aquinas made a significant contribution to Western European civilization by teaching that anybody, not just Christians, might have access to profound truths if they used God’s greatest gift to humans: reason.

Some of the world’s greatest intellectuals may not have been Christians, but that didn’t stop them from having remarkable insights because, as Aquinas maintained, the universe may be productively studied through reason rather than religion. To explain how this may work, Aquinas brilliantly postulated that the universe and all of its dynamics are governed by two types of law: (secular) ‘Natural Law’ and (religious) ‘Eternal Law.’ Much of the world, according to Aquinas, is governed by natural laws. We can learn how to smelt iron or run a business for ourselves. And none of them is based on faith in God.

Aquinas said, referring to Jesus, “Do unto others as you would have them do unto you.” According to Aquinas, Jesus may have given this idea a particularly memorable articulation, but it has always been a cornerstone of moral ideals in most communities. It is an idea that belongs to natural law, not eternal law, according to Aquinas. In a few cases, Aquinas believed, that God works simply via eternal law, outside of human reason. For instance, he cited prophetic revelations and angelic encounters. However, he reassured us that the most helpful knowledge may be found in the world of natural law by atheists and secular-minded people.

Plato

Plato was a Greek philosopher who lived during the Classical period in Ancient Greece and was born into a renowned and rich family in Athens. He founded the Platonist school of philosophy and the Academy, the Western world’s first institution of higher learning. Along with his teacher, Socrates, and his most famous student, Aristotle, Plato is widely regarded as a crucial figure in the development of Ancient Greek and Western philosophy. He is frequently referred to as one of the founders of Western religion and spirituality.

Plato committed his life to assist individuals in achieving what he called “Eudaimonia,” or “fulfilment.” Plato is frequently confused with Socrates, an older friend who taught Plato extensively but did not produce any writing. Plato wrote a number of them, including the Republic, the Meno, the Symposium, the Laws, and the Apology, all of which are brilliantly written scripts of imagined debates in which Socrates is invariably given a leading part. Plato’s view of the ideal state, which he called a “republic,” carried on the natural law theory. He believed only an intelligent and deserving person should be king. Plato emphasized the importance of the perfect division of labour in his republic. To put it another way, each person should focus on his or her own work rather than interfering with the work of others.

Aristotle

Around 384 BC, Aristotle was born in the ancient Greek Kingdom of Macedonia, where his father served as the king’s doctor. With humble nicknames like “the master” and “the philosopher,” he grew up to become possibly the most influential philosopher of all time. Alexander the Great, who went on to conquer the known world, was his first student. Then Aristotle left for Athens, where he briefly worked with Plato before striking out on his own. He was amazed by how many things actually function, such as how a chick develops in an egg? How does a squid procreate? What factors contribute to society as a whole functioning well? Philosophy, in Aristotle’s view, was about practical knowledge.

An explanation of the natural law theory that is more logical was offered by Aristotle. In his opinion, man is connected to nature in two ways. Man has two qualities that make it possible for him to explain his actions: first, he is a creation of God; and second, he has a reason. He described natural law as reason free from the influence of desire.

Cicero

The year 106 B.C. saw the birth of Marcus Tullius Cicero outside of Rome. Cicero had a good education because he was born into a wealthy home. Following his military service, Cicero studied Roman law. The youngest person to hold the highest rank of consul without coming from a political family was elected to each of Rome’s major offices in the course of his subsequent career. The Roman statesman and attorney, Cicero, was a remarkable figure. According to Cicero, true law is the correct thing that is in accordance with nature, it is universally applicable, it is eternal, and there would be just one law in Rome that would be eternal and unchangeable and be applicable to all peoples at all times.

Natural rights and natural law

Natural law and natural rights are strongly connected to each other. Natural laws were utilised as an alternative rationale for the development of a social compact, positive law, and government (and hence legal rights) in the form of classical republicanism during the Enlightenment. Others, on the other hand, utilise the concept of natural rights to question the legitimacy of all such institutions.
The natural law and natural rights tradition come from the 17th and 18th centuries, and it asserts that the universe is controlled by natural laws that may be discovered by human reason. The idea that natural rights are not established by governments is a crucial component of this intellectual tradition. Instead, governments are established to protect these rights.
Natural rights were initially written about as an element of natural law by the ancient Greek philosopher Cicero. Many researchers believe that natural rights arose from natural law, a doctrine that can be found in St. Thomas Aquinas’ mediaeval Catholic philosophy (d. 1274). Natural law was supposed to include concepts of right and evil that could be determined by human reason without the aid of supernatural revelation, particularly in reference to interpersonal relationships.
Natural law and natural rights are mutually exclusive; one cannot exist without the other. In philosophy, natural rights are linked to individuality and personhood. Natural law, on the other hand, is linked to sociality and communality, or the correct interaction between individuals, which can be top-down or horizontal.
Natural rights are implied in natural law theory, although they have only recently been given specific emphasis.
Natural law is concerned with fundamental moral obligations, whereas natural rights are concerned with fundamental moral claims or entitlements.

Natural rights and social contract theory

Around 1600, the concept and theory of a social contract rose to prominence in Europe, becoming one of the most popular means of defining and delimiting people’s obligation of adherence to their government, as well as their right to rebel and overturn it if it becomes oppressive. Political philosophers began to embrace a new perspective on the key issues of political philosophy during this period.
Natural rights have been considered since antiquity, but it was Enlightenment philosophers who invented the contemporary concept of natural rights, which has been important to modern republican governance and civil society. Natural rights emerged as part of the social contract theory, which examined the origins of society and the legitimacy of the state’s control over the person at the time.
Individuals have decided, either directly or implicitly, to renounce part of their liberties and submit to the ruler or magistrate’s authority (or to the choice of a majority) in exchange for the preservation of their remaining rights, according to social contract arguments. As a result, the relationship between natural and legal rights is frequently discussed in social contract theory.

Difference between natural rights and civil rights

Civil rights are a type of legal right that tries to ensure that all people in a country are treated equally. A civic right, for example, seeks to ensure equality of opportunities. These rights are the rights that are granted by society. They are enacted and enforced by law. Regardless of colour, religion, or other personal qualities, civil rights, equal social opportunities, and equal legal protection are all guaranteed.

The right to vote, the right to a fair trial, the right to government services, the right to public education, and the right to utilise public facilities are all examples of civil rights. Civil rights are a crucial component of democracy; when people are denied the right to participate in political life, they are being denied their civil rights.

Civil rights differ from natural rights, and the distinction is explained below.

Natural rights are regarded as universal to all human beings, whereas civil rights are derived from each country’s constitutions or laws.
Civil rights, unlike other rights such as human or natural rights, in which people gain rights naturally, such as from God or nature, must be given and secured by the state’s power.
In general, the major distinction between natural rights and civil rights is that human rights are universally guaranteed in all of the world’s nations, whereas civil rights are protected on a broader and worldwide scale by international law.
For instance, free speech and due process are two of the most valuable and highly treasured civil rights that encourage every individual and citizen of a country to express their views. Natural rights, on the other hand, include the right to life, liberty, and property, to name a few.

Difference between natural rights and legal rights

Natural rights differ from legal rights in that one is codified in law, whereas the other is regarded as universal and morally granted to all people at birth.
Natural rights are the safeguards that a human being wants to ensure dignity and equality in his or her life. On the other hand, legal rights are the government’s safeguards for the people of a specific state.
Natural rights are universally recognised, ensuring that everyone has access to them. On the same note as the basic rights, legal rights are state-wide, open to residents of a given region, and can even be changed by the government as needed.
Natural rights are those that are not based on any culture’s or government’s laws or conventions. Legal rights are those that are granted to a person by a legal system, and they can be modified, abolished, or restricted by human laws.

Concept of natural law in the Roman system

The Romans expanded their study of natural law beyond just theoretical debates, giving it a more concrete form by converting their strict legal code into a cosmopolitan living law. Through the split of Roman law into three separate sections, namely “Jus Civile,” “Jus Gentium,” and “Jus Naturale,” natural law exerted a very positive influence on Roman law in this way. Only Roman citizens were subject to the civil law known as “Jus Civil,” whereas “Jus Gentium” regulated both Roman citizens and non-citizens. It was made up of universal legal rules that followed natural law, or the law of reason. As Roman citizenship was made available to everyone, with the exception of a select group of people, these two later came to be known as “Jus Naturale.” The clash between “Positive Law” and “Natural Law” was not a subject that Roman attorneys bothered to address.

Concept of natural law in India

Possibly the oldest legal system in the world is the Hindu legal system. At an incredibly early age, they created a remarkably rational and extensive body of law. Throughout the entire body of law, there is a notion of ‘justice.’ However, it was hindered from growing naturally and methodically by the constant changes in the political system and the government as well as the multiple foreign invasions that occurred one after the other. Studying this legal system could not be done in a way that was appropriate under foreign rule.

Many of its theories and underlying concepts remain unexplored. The questions that cannot be answered with great certainty include whether there was a concept of “Natural Law” or not, as well as if there was, what its authority was and how it related to “Positive Law.” However, there are a few guidelines and rules that might be mentioned in this regard. Hindu philosophy holds that God is responsible for the creation of the law. The “Shruti” and “Smritis” contain the law.

Natural rights and the Indian Constitution

Natural Justice, a reformed version of natural law, is the foundation of the Indian Constitution. Although the Constitution does not expressly mention the notion of natural justice or law, it is reflected in the provisions. The terms “justice,” which includes social, economic, and political justice as well as equality of status and opportunity, illustrate that natural law principles are included in the Indian Constitution.

The concepts of natural justice have been used by courts to determine the constitutionality of reasonable limits. The obligation to act fairly is part of the fair procedure envisioned by Article 14 and Article 21. With the inclusion of due process in Article 21 of the Constitution, all of the fairness embodied in natural justice principles may be seen in Article 21 when a person’s life and personal liberty are taken away.

In a way, all Fundamental Rights provided to the citizens of India are natural rights and to protect them, we have the Right to Constitutional Remedies.

The Supreme Court held in D.K. Yadav v. J.M.A. Industries Ltd. (1993) that, even if statutory standing orders empowered management to terminate the services of an employee who overstayed the leave period, doing so without a hearing would be a violation of Article 21 of the Constitution because a procedure established by law that deprives a person of his livelihood cannot be said to be just, fair, and reasonable under Article 21.

Conclusion

Natural rights are essential for anybody who wishes to live a happy and prosperous life. While the majority of people do not have to fear losing their inherent rights, it is necessary to be mindful of those who do not. While no single person can eliminate all natural rights violations around the world, we can start to bridge the gap by supporting groups with similar goals or electing people who want to help.

Frequently asked questions

What are natural rights?

Natural rights are those that are necessary for human survival. They are generally accepted and applied, and human law cannot contradict them. These are necessary for society and humanity. Based on the premise that all men are born equal, there are three natural rights that are deemed universal. The right to life, liberty, and the pursuit of happiness are the three rights.

How natural rights are different from legal rights?

The difference between natural and legal rights is that one is codified in law, while the other is considered universal and morally granted to all people at birth. Government bodies impose legal rights, also known as civil rights, to regulate criminal and civil matters. Natural rights and legal rights are frequently combined when statutes are written; natural rights, such as the right to due process, are preserved by law so that the natural right to liberty is not taken away arbitrarily.

Name few rights which can be termed as natural rights.

some of the rights that are considered natural rights are the right to life, the right to liberty, the right to possess property, the right to make a living, and the right to have a family.

State the difference between natural rights and civil rights.

Natural rights are based on the idea that everyone has a right to the basic essentials of life: life, liberty, and property. Civil rights are a form of legal right aimed at ensuring that everyone in a country is treated fairly. For example, a civic right aims to provide equality of opportunity. These are the rights that society confers on people. They are enacted and enforced through laws.

What do you mean by natural law?

Natural law is a philosophical concept which contends that certain obligations, moral principles, and rights are part of what it means to be a human. Natural law theory is predicated on the notion that natural laws are abstract ideas that are independent of culture or norms and are therefore universal concepts. Nevertheless, it is a typical and inborn human behaviour for society.

State the difference between natural law and human law.

Natural law establishes natural human morality, rights, values, and obligations through those individuals’ acts and behaviours. On the other hand, human law, often known as legal law, establishes true human morals, rights, values, and obligations through man-made systems and rules.

References

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity