The Inherent Rights of Human Beings

The Inherent Rights of Human Beings

This question is concerned with whether or not it is possible for 'natural rights' to exist. 'Natural' rights are rights which we have 'naturally' as humans, in other words rights which we inherently have, just by being human. A large problem with answering this question is that of defining the term 'rights', a question to which the answer has been very elusive throughout the history of political analysis. The following investigation into the possibility of 'natural rights' will begin with an attempt to create a working definition of a rights, and will then proceed to examine the essence of humanity and the roots of what is a 'right', to see if it is possible to have a 'right' simply by being human. Questions concerning society, freedom and morality will all be seen to arise, and will be dealt with accordingly.

A most important attempt at defining rights is Richard Dworkin's metaphor of 'Rights as Trumps'. This is essentially comparing a rights to a trump in a card game, one which overrides what would otherwise have one the hand. Put in a political scenario, this metaphor functions as thus: Society may have and hold a set of rules and laws imposing on and restricting individuals behaviour. A right is something to which the individual is entitled that will be ensured over and above the civil laws and rules of the land. The existence of these rights is a way that individuals have a degree of sovereignty over the state, where civil laws are the tools of the state's sovereignty over individuals. This balance should create a situation which is morally justifiable.

A problem with this doctrine when it comes to 'natural rights', however, is the reliance on the existence of society t...

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... a great number of people, and thus is morally desirable.

As can be seen, then, the discussion of natural rights is an inherently moral one. Moral question create fierce arguments, as it is nearly impossible to define a complete set of definite moral standards, taking into account different cultures and conflicting beliefs and interests. It is possible, however, to take the investigation of natural rights a fair distance before reaching the trap of making moral statements. It can be seen that a right, although it is only functional as protection against state oppression, can be derived from that existence of a single individual, in the form of the right to freedom. This does raise many other questions about freedom in general, and how it is possible to relate the roles of the individual and society using the rights of an individual and the laws of society.