Distilled (mostly) from Rights at that "Stanford Encyclopedia of Philosophy".
Definition:*
A right is an entitlement to act, to be treated a certain way, or to expect others to act (or not act) toward you in specific ways.
Rights define what people may do, what others must not do, and what obligations society recognizes.
They shape morality, law, and political systems.
1. Categories of Rights
Rights can be grouped by:
- Who holds them — individuals, groups, animals, states
- What they concern — life, speech, privacy, property
- Why they exist — moral (from ethics), legal (from law), customary (from tradition)
- How they operate — inalienable (cannot be surrendered), forfeitable (can be lost), waivable (can be given up)
Inherent vs. Granted Rights
- Inherent rights — rights you have by nature or by being human (often called natural or moral rights).
Examples: the right to live, think, and breathe. - Granted rights — rights created and maintained by society or law (often called legal or positive rights).
Examples: the right to vote, to own property, or to receive medical care.
⚖️ Conflicts Between Inherent Rights
Inherent rights can collide: one person’s liberty may limit another’s safety or dignity.
Resolving such conflicts requires defining boundaries — what each right actually covers and when one may override another.
💡 Example — Health Care
The right to life is inherent; the right to health care is granted.
The moral claim comes from valuing life, but providing care depends on available resources and social structure.
In practice, societies balance moral principle against real-world limits.
2. The Structure of Rights (Hohfeld’s Framework)
| Type | Meaning (Plain) | Formal Definition | Example |
|---|---|---|---|
| Privilege | You are free to act — nothing forbids you. | “A has no duty not to act.” | Picking up a shell; walking in a public park. |
| Claim | Someone else owes you a duty. | “A has a claim that B act (or refrain).” | Employer must pay wages. |
| Power | You can change rights or obligations. | “A can alter others’ or their own rights/duties.” | Signing a contract; a judge sentencing. |
| Immunity | Others lack the power to change your rights. | “A is protected from others altering their rights.” | Freedom from state-imposed religion. |
These “atomic” rights combine into molecular rights (e.g., property = privilege + claim + power + immunity).
- Active rights: concern your own actions (privilege, power).
- Passive rights: concern how others act toward you (claim, immunity).
- Negative rights: protect you from interference.
- Positive rights: entitle you to provision of goods or services.
3. Theories of What Rights Do
| Theory | Core Idea | Best Explains | Limitations |
|---|---|---|---|
| Will Theory | Rights give you control over others’ duties — “mini-sovereignty.” | Authority, consent, ownership. | Excludes infants, animals, unwaivable rights. |
| Interest Theory | Rights protect what benefits you or fulfills your well-being. | Protection, welfare, incompetents’ rights. | Overextends — not all interests create rights. |
| Demand Theory | Rights let you demand or insist on treatment or action. | Accountability, responsibility. | Doesn’t handle all “power rights” well. |
4. Rights and Freedom
- Privileges & powers = freedom to act or decide.
- Claims & immunities = freedom from interference or coercion.
Legal systems distribute these freedoms — defining who may act, who must refrain, and who can enforce the rules.
5. Rights in Conflict and Interaction
- Rights as “Trumps” (Dworkin): a right overrides social goals or policies that conflict with it.
- Specificationism: rights have built-in limits — e.g., free speech doesn’t include incitement or threats.
- Conflicts: rights can oppose each other (life vs. liberty; property vs. survival); resolving them depends on context, not hierarchy.
- Support: some rights (like food, shelter, and security) enable others (like speech or assembly).
6. Who Can Hold Rights
Typically: individuals, groups, corporations, and states.
Debated: animals, future generations, ecosystems, AI.
Theories differ:
- Will Theory → must be capable of agency.
- Interest Theory → must be capable of benefit or harm.
7. Justifying Rights
| Approach | Basis | Representative Thinkers | View |
|---|---|---|---|
| Status-Based (Deontological) | People have dignity or autonomy that makes rights fitting. | Kant, Locke, Nozick | Rights limit others’ actions regardless of consequences. |
| Instrumental (Consequentialist) | Rights exist to produce good outcomes. | Bentham, Mill, Sen | Rights are tools to maximize welfare or fairness. |
| Contractual / Justificatory | Rights arise from fair or reasonable agreement. | Rawls, Scanlon | Rights reflect terms no rational person could reject. |
8. Critiques of Rights
- Inflation: overuse of “rights talk” dilutes meaning.
- Individualism: overemphasis on personal rights can weaken shared responsibility.
- Cultural relativity: “universal” rights may not fit all moral systems.
- Instrumental misuse: states or groups invoke “rights” to justify power rather than justice.
Further Reading:
- Stanford Encyclopedia of Philosophy: Rights (2025)
- Hohfeld, Fundamental Legal Conceptions (1919)
- Feinberg, Social Philosophy (1973)
- Dworkin, Taking Rights Seriously (1977)
- Shue, Basic Rights (1996)
- Raz, The Morality of Freedom (1986)