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Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Ethics or moral philosophy is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. The field of ethics, along with aesthetics, concerns matters of value, and thus comprises the branch of philosophy called axiology.
A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule that has to be or usually is to be followed, or can be desirably followed, or is an inevitable consequence of something, such as the laws observed in nature or the way that a system is constructed. The principles of such a system are understood by its users as the essential characteristics of the system, or reflecting system's designed purpose, and the effective operation or use of which would be impossible if any one of the principles was to be ignored. A system may be explicitly based on and implemented from a document of principles as was done in IBM's 360/370 Principles of Operation.
Rights are often considered fundamental to civilization, for they are regarded as established pillars of society and culture,and the history of social conflicts can be found in the history of each right and its development. According to the Stanford Encyclopedia of Philosophy, "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived".
A civilization or civilisation is any complex society characterized by urban development, social stratification imposed by a cultural elite, symbolic systems of communication, and a perceived separation from and domination over the natural environment.
A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same geographical or social territory, typically subject to the same political authority and dominant cultural expectations. Societies are characterized by patterns of relationships between individuals who share a distinctive culture and institutions; a given society may be described as the sum total of such relationships among its constituent of members. In the social sciences, a larger society often exhibits stratification or dominance patterns in subgroups.
Culture is the social behavior and norms found in human societies.
There is considerable disagreement about what is meant precisely by the term rights. It has been used by different groups and thinkers for different purposes, with different and sometimes opposing definitions, and the precise definition of this principle, beyond having something to do with normative rules of some sort or another, is controversial.
One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights:
|“||A right to life, a right to choose; a right to vote, to work, to strike; a right to one phone call, to dissolve parliament, to operate a forklift, to asylum, to equal treatment before the law, to feel proud of what one has done; a right to exist, to sentence an offender to death, to launch a nuclear first strike, to carry a concealed weapon, to a distinct genetic identity; a right to believe one's own eyes, to pronounce the couple husband and wife, to be left alone, to go to hell in one's own way.||”|
There are likewise diverse possible ways to categorize rights, such as:
|“||Who is alleged to have the right: Children's rights, animal rights, workers' rights, states' rights, the rights of peoples. What actions or states or objects the asserted right pertains to: Rights of free expression, to pass judgment; rights of privacy, to remain silent; property rights, bodily rights. Why the rightholder (allegedly) has the right: Moral rights spring from moral reasons, legal rights derive from the laws of the society, customary rights are aspects of local customs. How the asserted right can be affected by the rightholder's actions: The inalienable right to life, the forfeitable right to liberty, and the waivable right that a promise be kept.||”|
There has been considerable debate about what this term means within the academic community, particularly within fields such as philosophy, law, deontology, logic, political science, and religion.
Philosophy is the study of general and fundamental questions about existence, knowledge, values, reason, mind, and language. Such questions are often posed as problems to be studied or resolved. The term was probably coined by Pythagoras. Philosophical methods include questioning, critical discussion, rational argument, and systematic presentation. Classic philosophical questions include: Is it possible to know anything and to prove it? What is most real? Philosophers also pose more practical and concrete questions such as: Is there a best way to live? Is it better to be just or unjust? Do humans have free will?
Logic is the systematic study of the form of valid inference, and the most general laws of truth. A valid inference is one where there is a specific relation of logical support between the assumptions of the inference and its conclusion. In ordinary discourse, inferences may be signified by words such as therefore, thus, hence, ergo, and so on.
Political science is a social science which deals with systems of governance, and the analysis of political activities, political thoughts, and political behavior.
Human nature is a bundle of characteristics, including ways of thinking, feeling, and acting, which humans are said to have naturally. The term is often regarded as capturing what it is to be human, or the essence of humanity. The term is controversial because it is disputed whether or not such an essence exists. Arguments about human nature have been a mainstay of philosophy for centuries and the concept continues to provoke lively philosophical debate. The concept also continues to play a role in science, with neuroscientists, psychologists and social scientists sometimes claiming that their results have yielded insight into human nature. Human nature is traditionally contrasted with characteristics that vary among humans, such as characteristics associated with specific cultures. Debates about human nature are related to, although not the same as, debates about the comparative importance of genes and environment in development.
Divine command theory is a meta-ethical theory which proposes that an action's status as morally good is equivalent to whether it is commanded by God. The theory asserts that what is moral is determined by what God commands, and that for a person to be moral is to follow his commands. Followers of both monotheistic and polytheistic religions in ancient and modern times have often accepted the importance of God's commands in establishing morality.
Natural and legal rights are two types of rights. Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal and inalienable Legal rights are those bestowed onto a person by a given legal system.
Some thinkers see rights in only one sense while others accept that both senses have a measure of validity. There has been considerable philosophical debate about these senses throughout history. For example, Jeremy Bentham believed that legal rights were the essence of rights, and he denied the existence of natural rights; whereas Thomas Aquinas held that rights purported by positive law but not grounded in natural law were not properly rights at all, but only a facade or pretense of rights.
Jeremy Bentham was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.
Saint Thomas Aquinas was an Italian Dominican friar, Philosopher, Catholic priest, and Doctor of the Church. He is an immensely influential philosopher, theologian, and jurist in the tradition of scholasticism, within which he is also known as the Doctor Angelicus and the Doctor Communis. The name Aquinas identifies his ancestral origins in the county of Aquino in present-day Lazio, Italy.
Positive laws are human-made laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb to posit.
Liberty rights and claim rights are the inverse of one another: a person has a liberty right permitting him to do something only if there is no other person who has a claim right forbidding him from doing so. Likewise, if a person has a claim right against someone else, then that other person's liberty is limited. For example, a person has a liberty right to walk down a sidewalk and can decide freely whether or not to do so, since there is no obligation either to do so or to refrain from doing so. But pedestrians may have an obligation not to walk on certain lands, such as other people's private property, to which those other people have a claim right. So a person's liberty right of walking extends precisely to the point where another's claim right limits his or her freedom.
In one sense, a right is a permission to do something or an entitlement to a specific service or treatment from others, and these rights have been called positive rights. However, in another sense, rights may allow or require inaction, and these are called negative rights; they permit or require doing nothing. For example, in some countries, e.g. the United States, citizens have the positive right to vote and they have the negative right to not vote; people can choose not to vote in a given election without punishment. In other countries, e.g. Australia, however, citizens have a positive right to vote but they don't have a negative right to not vote, since voting is compulsory. Accordingly:
Though similarly named, positive and negative rights should not be confused with active rights (which encompass "privileges" and "powers") and passive rights (which encompass "claims" and "immunities").
The general concept of rights is that they are possessed by individuals in the sense that they are permissions and entitlements to do things which other persons, or which governments or authorities, can not infringe. This is the understanding of people such as the author Ayn Rand who argued that only individuals have rights, according to her philosophy known as Objectivism.However, others have argued that there are situations in which a group of persons is thought to have rights, or group rights. Accordingly:
There can be tension between individual and group rights. A classic instance in which group and individual rights clash is conflicts between unions and their members. For example, individual members of a union may wish a wage higher than the union-negotiated wage, but are prevented from making further requests; in a so-called closed shop which has a union security agreement, only the union has a right to decide matters for the individual union members such as wage rates. So, do the supposed "individual rights" of the workers prevail about the proper wage? Or do the "group rights" of the union regarding the proper wage prevail? Clearly this is a source of tension.
The Austrian School of Economics holds that only individuals think, feel, and act whether or not members of any abstract group. The society should thus according to economists of the school be analyzed starting from the individual. This methodology is called methodological individualism and is used by the economists to justify individual rights.
Other distinctions between rights draw more on historical association or family resemblance than on precise philosophical distinctions. These include the distinction between civil and political rights and economic, social and cultural rights , between which the articles of the Universal Declaration of Human Rights are often divided. Another conception of rights groups them into three generations . These distinctions have much overlap with that between negative and positive rights, as well as between individual rights and group rights, but these groupings are not entirely coextensive.
Rights are often included in the foundational questions that governments and politics have been designed to deal with. Often the development of these socio-political institutions have formed a dialectical relationship with rights.
Rights about particular issues, or the rights of particular groups, are often areas of special concern. Often these concerns arise when rights come into conflict with other legal or moral issues, sometimes even other rights. Issues of concern have historically included labor rights, LGBT rights, reproductive rights, disability rights, patient rights and prisoners' rights. With increasing monitoring and the information society, information rights, such as the right to privacy are becoming more important.
Some examples of groups whose rights are of particular concern include animals,and amongst humans, groups such as children and youth, parents (both mothers and fathers), and men and women.
Accordingly, politics plays an important role in developing or recognizing the above rights, and the discussion about which behaviors are included as "rights" is an ongoing political topic of importance. The concept of rights varies with political orientation. Positive rights such as a "right to medical care" are emphasized more often by left-leaning thinkers, while right-leaning thinkers place more emphasis on negative rights such as the "right to a fair trial".
Further, the term equality which is often bound up with the meaning of "rights" often depends on one's political orientation. Conservatives and libertarians and advocates of free markets often identify equality with equality of opportunity, and want equal and fair rules in the process of making things, while agreeing that sometimes these fair rules lead to unequal outcomes. In contrast, socialists often identify equality with equality of outcome and see fairness when people have equal amounts of goods and services, and therefore think that people have a right to equal portions of necessities such as health care or economic assistance or housing.
In philosophy, meta-ethics is the branch of ethics that seeks to understand the nature of ethical properties, statements, attitudes, and judgments. Meta-ethics is one of the three branches of ethics generally recognized by philosophers, the others being normative ethics and applied ethics.
While normative ethics addresses such questions as "What should one do?", thus endorsing some ethical evaluations and rejecting others, meta-ethics addresses questions such as "What is goodness?" and "How can we tell what is good from what is bad?", seeking to understand the nature of ethical properties and evaluations.
Rights ethics is an answer to the meta-ethical question of what normative ethics is concerned with (Meta-ethics also includes a group of questions about how ethics comes to be known, true, etc. which is not directly addressed by rights ethics). Rights ethics holds that normative ethics is concerned with rights. Alternative meta-ethical theories are that ethics is concerned with one of the following:
Rights ethics has had considerable influence on political and social thinking. The Universal Declaration of Human Rights gives some concrete examples of widely accepted rights.
Some philosophers have criticised rights as ontologically dubious entities. For instance, although in favour of the extension of individual legal rights, the utilitarian philosopher Jeremy Bentham opposed the idea of natural law and natural rights, calling them "nonsense upon stilts".Further, one can question the ability of rights to actually bring about justice for all.
The Modern English word right derives from Old English riht or reht, in turn from Proto-Germanic *riχtaz meaning "right" or "direct", and ultimately from Proto-Indo-European *reg-to- meaning "having moved in a straight line", in turn from *(o)reg'(a)- meaning "to straighten or direct".In several different Indo-European languages, a single word derived from the same root means both "right" and "law", such as French droit, Spanish derecho, German Recht, and Italian diritto.
Many other words related to normative or regulatory concepts derive from this same root, including correct,regulate, and rex (meaning "king"), whence regal and thence royal. Likewise many more geometric terms derive from this same root, such as erect (as in "upright"), rectangle (literally "right angle"), straight and stretch. Like right, the English words rule and ruler, deriving still from the same root, have both normative or regulatory and geometric meanings (e.g. a ruler as in a king, or a ruler as in a straightedge).
Several other roots have similar normative and geometric descendants, such as Latin norma,whence norm , normal, and normative itself, and also geometric concepts such as normal vectors ; and likewise Greek ortho and Latin ordo, meaning either "right" or "correct" (as in orthodox, meaning "correct opinion" ) or "straight" or "perpendicular" (as in orthogonal, meaning "perpendicular angle" ), and thence order, ordinary, etc.
The specific enumeration of rights has differed greatly in different periods of history. In many cases, the system of rights promulgated by one group has come into sharp and bitter conflict with that of other groups. In the political sphere, a place in which rights have historically been an important issue, constitutional provisions of various states sometimes address the question of who has what legal rights.
Historically, many notions of rights were authoritarian and hierarchical, with different people granted different rights, and some having more rights than others. For instance, the right of a father to respected from his son did not indicate a right from the son to receive a return from that respect; and the divine right of kings, which permitted absolute power over subjects, did not leave a lot of room for many rights for the subjects themselves.
In contrast, modern conceptions of rights have often emphasized liberty and equality as among the most important aspects of rights, as was evident in the American and French revolutions.
Important documents in the political history of rights include:
The Declaration of the Rights of Man and of the Citizen, set by France's National Constituent Assembly in 1789, is a human civil rights document from the French Revolution.
Egalitarianism, or equalitarianism, is a school of thought within political philosophy that prioritizes equality for all people. Egalitarian doctrines are generally characterized by the idea that all human persons are equal in fundamental worth or moral status. According to the Merriam-Webster Dictionary, the term has two distinct definitions in modern English, namely either as a political doctrine that all people should be treated as equals and have the same political, economic, social and civil rights, or as a social philosophy advocating the removal of economic inequalities among people, economic egalitarianism, or the decentralization of power. Some sources define egalitarianism as the point of view that equality reflects the natural state of humanity.
Human rights are moral principles or norms that describe certain standards of human behaviour and are regularly protected as natural and legal rights in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their nation, location, language, religion, ethnic origin, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture, and execution.
The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the United Nations General Assembly at its 183rd session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. Of the then 58 members of the United Nations, 48 voted in favor, none against, eight abstained, and two did not vote.
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizationsn, and private individuals. They ensure one's entitlement to participate in the civil and political life of the society and state without discrimination or repression.
Social justice is a concept of fair and just relations between the individual and society. This is measured by the explicit and tacit terms for the distribution of wealth, opportunities for personal activity, and social privileges. In Western as well as in older Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fulfill their societal roles and receive what was their due from society. In the current global grassroots movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets and economic justice.
Integrity is the practice of being honest and showing a consistent and uncompromising adherence to strong moral and ethical principles and values. In ethics, integrity is regarded as the honesty and truthfulness or accuracy of one's actions. Integrity can stand in opposition to hypocrisy, in that judging with the standards of integrity involves regarding internal consistency as a virtue, and suggests that parties holding within themselves apparently conflicting values should account for the discrepancy or alter their beliefs. The word integrity evolved from the Latin adjective integer, meaning whole or complete. In this context, integrity is the inner sense of "wholeness" deriving from qualities such as honesty and consistency of character. As such, one may judge that others "have integrity" to the extent that they act according to the values, beliefs and principles they claim to hold.
Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable rights. The term may also be used to describe personal conduct, as in "behaving with dignity".
This Index of ethics articles puts articles relevant to well-known ethical debates and decisions in one place - including practical problems long known in philosophy, and the more abstract subjects in law, politics, and some professions and sciences. It lists also those core concepts essential to understanding ethics as applied in various religions, some movements derived from religions, and religions discussed as if they were a theory of ethics making no special claim to divine status.
Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.
Broadly speaking, liberty is the ability to do as one pleases. In modern politics, liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. In philosophy, liberty involves free will as contrasted with determinism. In theology, liberty is freedom from the effects of "sin, spiritual servitude, [or] worldly ties".
The right to property or right to own property is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons and where it is used for production rather than consumption.
Frank Van Dun is a Belgian law philosopher and libertarian natural law theorist. He is associated with the law faculty of the University of Ghent.
Some philosophers and political scientists make a distinction between claim rights and liberty rights. A claim right is a right which entails responsibilities, duties, or obligations on other parties regarding the right-holder. In contrast, a liberty right is a right which does not entail obligations on other parties, but rather only freedom or permission for the right-holder. The distinction between these two senses of "rights" originates in American jurist Wesley Newcomb Hohfeld's analysis thereof in his seminal work Fundamental Legal Conceptions, As Applied in Judicial Reasoning and Other Legal Essays.
Ethics or moral philosophy is a branch of philosophy that involves systematizing, defending, and recommending concepts of right and wrong conduct. The field of ethics, along with aesthetics, concern matters of value, and thus comprise the branch of philosophy called axiology.
The following outline is provided as an overview of and introduction to rights:
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.
Alasdair Cochrane is a British political theorist and ethicist who is currently a senior lecturer in political theory in the Department of Politics at the University of Sheffield. He is known for his work on animal rights from the perspective of political theory, which is the subject of his two books: An Introduction to Animals and Political Theory and Animal Rights Without Liberation. His third book, Sentienist Politics, will be published by Oxford University Press in 2018. He is a founding member of the Centre for Animals and Social Justice, a UK-based think tank focussed on furthering the social and political status of nonhuman animals. He joined the Department at Sheffield in 2012, having previously been a faculty member at the Centre for the Study of Human Rights, London School of Economics.
Malta is a democratic republic whose human rights are constitutionally defined. Human rights concern the expression and treatment of other citizens, panning areas including religion, expression, and labour. The constitution acts as an impartial determinant in civil matters, including human rights issues. The Maltese ombudsmen are authorised to investigate disputes which infract the laws as determined by the constitution. Several organisations and NGO’s have been established which the aim of creating awareness and calling for change around certain freedoms and rights within Malta. The constitution contains similar freedoms to that of other European nations and to aims to reach the standards as established by The Universal Declaration of Human Rights (UDHR).
Rights dominate most modern understandings of what actions are proper and which institutions are just. Rights structure the forms of our governments, the contents of our laws, and the shape of morality as we perceive it. To accept a set of rights is to approve a distribution of freedom and authority, and so to endorse a certain view of what may, must, and must not be done.
A distinction between negative and positive rights is popular among some normative theorists, especially those with a bent toward libertarianism. The holder of a negative right is entitled to non-interference, while the holder of a positive right is entitled to provision of some good or service. A right against assault is a classic example of a negative right, while a right to welfare assistance is a prototypical positive right.
Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest minority on earth is the individual). see page 104. See also: Collectivized 'Rights
One of the most powerful tools animal-rights activists have is the video footage shot inside places like poorly run dog kennels, animal-testing facilities and factory farms, used as grim evidence of the brutality that can take place. But how do animal-rights crusaders actually get those videos?
They must immediately come up with a plan to close these centers," Simone Troller, author of the report and a children's rights researcher for Human Rights Watch in Europe, said in a telephone interview. "While these centers continue to exist, we believe children continue to be at risk.
Many of these locally produced programs feature strong female characters. When Rede Globo began broadcasting in its native Brazil in 1965 the average woman had about six children—now the average woman has no children or one child.
Equality of opportunity is to be contrasted with equality of outcome. While advocacy of the latter has been traditionally associated with a left-wing political philosophy, the former has been championed by conservative political philosophy. Equality of outcome fails to hold individuals responsible for imprudent actions that may, absent redress, reduce the values of the outcomes they enjoy, or for wise actions that would raise the value of the outcomes above the levels of others’. Equality of opportunity, in contrast, ‘levels the playing field,’ so that all have the potential to achieve the same outcomes; whether or not, in the event, they do, depends upon individual choice.
[...] the idea that a king was sacred, appointed by God and above the judgment of earthly powers [...] was called the Divine Right of Kings and it entered so powerfully into British culture during the 17th century that it shaped the pomp and circumstance of the Stuart monarchs, imbued the writing of Shakespeare and provoked the political thinking of Milton and Locke.
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