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Topic: Natural Rights theory

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  What Are 'Natural Rights'?
A theory of "natural rights" claims that the nature of the world gives rise to an appropriate theory as to how the law can best accomplish its assumed moral end (which I'll assume is the well-being of individual human beings).
This isn't the case with a theory of rights rooted in religion or social construction.
But a theory of rights based solely on a "human devised scheme" or "religious teaching" is bound to fall apart rather quickly.
www.freecolorado.com /2003/12/naturalrights.html   (2228 words)

 Natural Law and Utilitarianism: The Case for Reconciliation   (Site not responding. Last check: 2007-10-03)
More than just a possibility that all must logically concede, however, I shall argue that because natural rights theory, by definition, secures for human beings the freedom to act in ways that best fulfill their nature as human beings, then a fortiori the result of such a system would necessarily be a maximization of utility.
The nature of a bird is to fly, and the nature of planet earth is to spin on its axis while rotating around the sun.
For the natural rights theorist, murder is illegal and unjust because it runs contrary to human nature and therefore violates natural rights.
www.stanford.edu /~bmasters/lawutility.html   (2956 words)

To the contrary, natural law reasoning is highly contestable because it depends on what we think are the "facts of human life," both the makeup of human beings and the world in which they live, and what generalizations we choose to make from these facts.
Natural law is a broader term referring to the given-if-then method of evaluating choices based on the "given" of human nature and the nature of the world.
What makes natural rights natural is the type of given-if-then reasons that are offered in support of its conclusions, based as they are on the "givens" of human nature and the nature of the world in which humans live.
www.bu.edu /rbarnett/Guide.htm   (9172 words)

 The Efficiency of Natural Rights
The goal of such an attack is to reduce natural rights to a code of morality that is divorced from the nature of man and of reality.
For this theory to be 'proven' -- that is, for natural rights to be seen as desirable principles -- it is necessary only to demonstrate that they are more efficient than any other competing system of problem solving devices.
If natural rights are tools designed to address the realities of our universe and our nature, then changing the realities that determined their design will -- of course -- reduce their usefulness, or render them absolutely irrelevant.
www.zetetics.com /mac/rights.htm   (2572 words)

 Natural Rights Theory - dKosopedia
Natural Rights Theory is the set of philosophical claims that certain human and civil rights exist "naturally" and not merely as a product of a social contract devised by ordinary people.
The problem with Natural Rights and Natural Law is that it is not subject to empirical verification/falsification.
People tend to adopt Natural Rights or Natural Law as ideas and rhetoric because they find the idea of attributing what they want to a deity much easier than thinking their way through challenging problems.
www.dkosopedia.com /wiki/Natural_Rights_Theory   (162 words)

 An Overview of Natural Law Theory
For Thomas Aquinas, natural law is that part of the eternal law of God ("the reason of divine wisdom") which is knowable by human beings by means of their powers of reason.
Natural law theory eventually gave rise to a concept of "natural rights." John Locke argued that human beings in the state of nature are free and equal, yet insecure in their freedom.
Natural law theory is of the "practical order" of things and the first principle of the practical order is a principle that directs human acts in all their operations, and it will be concerned with the "good," since we act in terms of what a least seems good to us.
radicalacademy.com /philnaturallaw.htm   (1901 words)

 The Rise & Decline of Constitutional Government in America by   (Site not responding. Last check: 2007-10-03)
Natural rights are unalienable because they cannot be alienated or given away to someone else.
The right to revolution is reflected in the early American conviction that the people have a right to keep and bear arms and to govern themselves in all local matters through local governments close to the people.
The political theory of the American founding-the natural rights theory-is grounded in universal principles derived from human nature, and requires of government two things: First, that it operate by the consent of the people, and second, that it secure the equal rights of individuals.
www.vindicatingthefounders.com /essay1.html   (3238 words)

 Catallarchy » Holes in natural rights
The answer of libertarian rights theory, as I understand it, is no. The owner of the rifle is not responsible for the existence of the madman, and the fact that his rifle is, temporarily, of enormous value to other people does not give them a right to take it.
If someone takes the rifle, there is a relatively minor violation of the legitimate rights of its owner; if no one does, there is a major violation of the legitimate rights (not to be killed) of a large number of victims–plus a substantial cost in human life and human pain.
Thus a right to property (such as the gun) can be superseded by the right to life (the potential victims).
catallarchy.net /blog/archives/2003/11/21/holes-in-natural-rights   (4011 words)

 http://www.qando.net/ - Natural Rights?
Because, if there is a "natural right" to life (and the subsequent liberties that grants the rest of us) then it follows that they have as much right to those liberties as do we adults, and it would be morally unacceptable for a parent to invoke force against such a person.
These natural rights must be the foundation of civil rights, wherein natural rights are mediated in the framework of civil society—a trial by jury according to due process, for instance, before depriving someone of life or liberty.
I don’t have a "right" to be born with a nose.
www.qando.net /details.aspx?Entry=1318   (13565 words)

 The Non-Absurdity of Natural Law
Natural Law has always had vigorous opponents who believed, with the early 19th century English philosopher Jeremy Bentham, that the theory was nonsense upon stilts.
The debate that ensued centered on two issues: first, whether egoism or natural rights formed the proper basis of radical individualist theory; and, second, whether those who advocated rights were mad[wo]men.
Having sketched a version of Natural Law theory, I want to leap over the process of defending it -- which is not my purpose -- and address instead the consequences of contemptuously dismissing natural rights as absurd.
www.zetetics.com /mac/natlaw.htm   (2644 words)

 Classical Natural Right Versus Modern Rights -NRA
One of the most striking contrasts between natural law theory and more recent political theories which will be familiar to you is that the former speaks rather of duties and little of rights.
The classical natural law theory was then reinterpreted to support a Christian theory of natural law in John of Salisbury and Thomas Aquinas, which Scholastic natural law theory continued in some circles until the time of Richard Hooker.
Thus this individualistic natural law was especially adapted to loosen the traditional, hardened social order and to furnish the princes with subjects, not, of course, as mere objects of arbitrary will, but as legal subjects with innate subjective rights.
www.natreformassn.org /statesman/04/clsnatvsmod.html   (1826 words)

 Rights Theory
A right is a special advantage that someone gains because of his or her particular status.
"The right of nature is the liberty each man has to use his own power as he will himself, for the preservation of his own nature, that is to say, of his own life, and consequently of doing anything which, in his own judgment and reason, he shall conceive to be the aptest means thereunto.
Positive rights are rights to benevolent actions from other people, such as rights to food, clothing, and shelter, or the right of an accident victim to be helped.
www.sfasu.edu /polisci/Abel/ConstitutionalLawII/RightsTheory.htm   (1049 words)

 Really Natural Rights
The appropriation and labor camps of the Marxist governments are obvious examples of classical natural rights violations.
Slavery and lack of women’s rights in Nineteenth Century Britain and the U.S. are also obvious violations classical natural rights.
A hardcore uncompromising exposition of "classical" natural rights theory and a supposedly complete system of law based upon this theory.
www.holisticpolitics.org /NaturalRights/Conclusions.php   (795 words)

 natural rights — FactMonster.com
natural rights, political theory that maintains that an individual enters into society with certain basic rights and that no government can deny these rights.
With the growth of the idea of individualism, especially in the 17th cent., natural law doctrines were modified to stress the fact that individuals, because they are natural beings, have rights that cannot be violated by anyone or by any society.
Locke assumed that humans were by nature rational and good, and that they carried into political society the same rights they had enjoyed in earlier stages of society, foremost among them being freedom of worship, the right to a voice in their own government, and the right of property.
www.factmonster.com /ce6/history/A0835002.html   (338 words)

 The Journal of Asian Law | Back Issues
Reflecting on this history, the present essay explores how a right to freedom of speech in general, and a right to write big character posters (dazibao) in particular, can be realized in the PRC.
Drawing on the insights generated by contemporary legal theories, it advances a rights theory to provide a theoretical basis for the development of rights and democratic institutions in the PRC.
Contrary to common perceptions, it is not the PRC's collectivist culture which precludes the development of sensitive and rational government practices, but its lack of a comprehensive collectivism in which both the people and the governing elites forsake their personal interests to advance the goals they in fact share.
www.columbia.edu /cu/asiaweb/v4n2linp.htm   (375 words)

 Natural Law & Natural Rights
Natural Law, in the moral sense, is prescriptive, that is it tells us how we ought to act
Natural law is based on the nature and aim of human beings
Natural rights theory needs to show that human nature is itself worthy of being furthered
webpages.charter.net /jwgreig/152-05.htm   (377 words)

 natural rights — Infoplease.com
Companies that purchase the right to drill for natural gas can claim billions of dollars worth of methane gas found with coal under......
Price & delivery: manufacturers must deliver the right goods, at the right price, every time or become victims of the natural selection......
www.infoplease.com /ce6/history/A0835002.html   (496 words)

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