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Rights

It is about theory of rights

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Rights

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  1. Theory of Rights

  2. The Theory of Natural Rights was very popular in the seventeenth and eighteenth centuries. John Locke and Thomas Pain have laid stress on this theory. In his Contract Theory John Locke has dealt in detail with this theory of rights.

  3. Cicero has beautifully summed up the theory of Natural Rights, "The existence of a universal and world-wide law, which is one with reason both in nature and human nature, and which accordingly knits together in a common social bond every being that possesses reason, whether God or man.

  4. The principle of natural law becomes a recognition of intrinsic worth in human personality, with the necessary implication of equality and universal brotherhood".

  5. Criticism: Critics have gone to the extent of condemning this theory outrightly. They maintain that by nature man is a social animal and has been living in society from the very beginning.

  6. (In the primitive times he lived in families which formed the small units of society). Hence, there was no state of nature prior to human life. If we admit the state of nature as described by Hobbes, Locke and Rousseau, for a moment only, we cannot ignore the fact that in the state of nature people did not enjoy any of these rights.

  7. Whatever they enjoyed were not rights but powers because rights are always ensured by society and protected by the state. How could man enjoy these rights before the origin of the state and society? In the state of nature people did not enjoy rights. They possessed enough might to do whatever they liked.

  8. Legal Theory of RightsThe supporters of Legal Theory of Rights maintain that the state is the main source of all rights. There are no rights which inhere in man. Nor have they been gifted by nature.

  9. On the contrary, they are created and maintained by the state. The membership of the state brings right to man. Rights emerge from the state and are maintained by the state. Bentham, Holland and Austin are some of the supporters of this theory.

  10. Bentham is of the opinion that only those rights are to be recognised, which are formulated or defined in the constitution of the state and those rights which are not formulated or defined in the constitution are not to be recognised. The individual owes every right to the state and he has no right against the state.

  11. Rights spring from the state. The state defines the rights and lays down the Bill of Rights. Rights are not prior to the state. It is the state that lays down a legal framwork which guarantees rights. It is the state that provides the list of rights and gurantees the enjoyment of rights. And it is the state that frames laws to uphold rights and enforces laws to uphold rights.

  12. CriticismLegal Theory of Rights has been severely criticised on the following grounds:(1) If a state does not have a democratic form of government and fails to pay due attention to the claims of rights, it does not mean that the rights lose the status of rights.

  13. The fault lies not with the claims of right but with the state. Only in democracy the claims of rights cannot be ignored. (2) Human rights are generally based on religion,

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