"The rights are legal, social, or ethical principles of freedom or entitlement."
The study of the nature and extent of individual rights, and the relationship between individual rights and government authority and responsibility.
Natural rights: The idea that humans are endowed with inherent rights that exist prior to and independent of any government or social construct. This is often traced back to thinkers like John Locke and Thomas Aquinas.
Legal positivism: The belief that the law is whatever the government says it is, and that it is not based on any moral principles, natural rights, or other external factors. This is the dominant view in contemporary legal theory.
Utilitarianism: The moral theory that actions are judged by their consequences in terms of maximizing overall happiness or pleasure. This can be applied to questions of how rights should be structured and protected.
Deontology: The moral theory that certain acts are right or wrong in themselves, independent of their consequences. This can be applied to similar questions of how rights should be organized.
Kant's categorical imperative: A key principle of deontological ethics, which holds that one should always treat people as ends in themselves, rather than means to an end.
Contract theory: The idea that rights and obligations are based on explicit or implicit agreements between individuals, typically seen as a way to limit government power.
Feminist theory: This view critically examines traditional theories of rights, arguing that they are often based on a male-centric understanding of individualism and autonomy that can undervalue certain experiential or relational aspects of human life.
Communitarianism: This also questions the individualistic assumption inherent in many theories of rights, arguing that human beings are fundamentally social creatures and that social obligations and contexts should play a larger role in determining rights and responsibilities.
Human rights: The idea that some rights, such as the right to free speech or to bodily autonomy, are universal and inalienable, and that governments have a responsibility to protect them for all people regardless of culture or societal values.
Property rights: The rights of individuals or groups to own and control physical or intangible possessions.
Civil rights: The rights to equal treatment and legal protections regardless of race, religion, or other characteristics.
Economic rights: The rights to economic security and prosperity, such as the right to fair wages, housing, and healthcare.
Jurisprudence: The study of legal theory and philosophy, including questions of rights and justice.
The social contract: The idea that individuals willingly give up some rights and freedoms in exchange for communal safety, protection, and prosperity.
Hohfeld's legal analysis: An early approach to analyzing legal concepts and relations that sought to clarify the different types of rights and duties that exist in any given situation.
Theories of distributive justice: This considers how rights should be distributed and protected in light of economic and social inequalities.
Political philosophy: This area of inquiry examines how rights and justice relate to different systems of government, such as democracy, totalitarianism, or anarchism.
Natural Rights Theory: This theory holds that fundamental rights exist objectively in nature, independent of any particular legal or political system. These rights are typically thought to include things like the right to life, liberty, and property, and are seen as inherent and inalienable.
Positive Rights Theory: This theory emphasizes the importance of legal recognition and enforcement of rights. Unlike natural rights, which exist independently of legal systems, positive rights are those that are recognized and protected by specific legal and political institutions.
Utilitarian Rights Theory: This theory sees rights as a tool for maximizing overall happiness or well-being. Rights are a means to an end, rather than an end in themselves, and are justified based on their ability to promote social utility.
Contractarian Rights Theory: This theory emphasizes the role of voluntary agreements in establishing and justifying rights. Under this view, individuals enter into social contracts with one another in order to mutually establish and uphold certain rights and obligations.
Procedural Rights Theory: This theory emphasizes the importance of fair and just procedures in protecting individual rights. Under this view, it is not just the outcome that matters, but also the manner in which procedures are followed in determining rights and responsibilities.
Juridical Rights Theory: This theory sees rights as being derived from legal and political systems, rather than from any natural or inherent source. Juridical rights are those that are recognized and enforced by legal systems, and can be changed or modified by legislative or judicial action.
Feminist Rights Theory: This theory emphasizes the importance of gender equality and recognizes the unique experiences of women in the development and recognition of rights. Feminist theorists often criticize traditional rights theories for failing to adequately account for the experiences of marginalized groups, including women and minorities.
Critical Race Theory: This theory recognizes that racism and other forms of discrimination are deeply embedded in social, political, and legal institutions, and therefore advocates for the recognition of the rights of historically marginalized groups. It often engages with other rights theories in order to explore how these concepts can be used to combat systemic oppression.
"Rights are the fundamental normative rules about what is allowed of people or owed to people."
"Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology."
"The history of social conflicts has often involved attempts to define and redefine rights."
"Rights structure the form of governments."
"Rights structure the content of laws."
"Rights structure the shape of morality as it is currently perceived."
"Rights are the fundamental normative rules according to some legal system."
"Rights are the fundamental normative rules according to some social convention."
"Rights are the fundamental normative rules according to some ethical theory."
"Rights are of essential importance in theories of justice."
"Rights are of essential importance in deontology."
"Rights are principles of freedom or entitlement."
"The rights are legal, social, or ethical principles."
"The history of social conflicts has often involved attempts to define and redefine rights."
"Rights are allowed or owed to people."
"Rights are legal, social, or ethical principles."
"Rights are according to some legal system, social convention, or ethical theory."
"Rights structure the form of governments."
"The shape of morality as it is currently perceived."