Rights are legal, social, or ethical principles The scientific process generally consists of establishing a cause by analyzing its effect upon objects. In this way, a description can be established to explain what principle brought about the change-effect. For this reason the principle of cause is considered to be a determining factor in the production of facts of freedom or entitlement An entitlement is a guarantee of access to benefits based on established rights or by legislation. A "right" is itself an entitlement associated with a moral or social principle, such that an "entitlement" is a provision made in accordance with legal framework of a society. Typically, entitlements are laws based on concepts of — i.e. rights are normative Normative has specialized meanings in several academic disciplines. Generically, it means relating to an ideal standard or model. In practice, it has strong connotations of relating to a typical standard or model rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory. The concept of rights is often fundamental to civilized societies A Society or a human society is a group of people related to each other through persistent relations such as social status, roles and social networks. Human societies are characterized by patterns of relationships between individuals sharing a distinctive culture and institutions. Without an article, the term refers either to the entirety of, and it is of vital importance in such disciplines as law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and and ethics Ethics is a branch of philosophy that addresses questions about morality—that is, concepts such as good vs. bad, noble vs. ignoble, right vs. wrong, and matters of justice, love, peace, and virtue, especially theories of justice Justice is the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity, along with the punishment of the breach of said ethics and deontology Deontological ethics or deontology is an approach to ethics that judges the morality of an action based on the action's adherence to a rule or rules. Deontologists look at rules and duties.

Contents

Etymology

The Modern English Modern English is the form of the English language spoken since the Great Vowel Shift in England, completed in roughly 1550 word right derives from Old English Old English or Anglo-Saxon is an early form of the English language that was spoken and written by the Anglo-Saxons and their descendants in parts of what are now England and south-eastern Scotland between at least the mid-5th century and the mid-12th century. What survives through writing represents primarily the literary register of Anglo-Saxon riht or reht, in turn from Proto-Germanic Proto-Germanic , or Common Germanic, as it is sometimes known, is the unattested, reconstructed common ancestor (proto-language) of all the Germanic languages such as modern English, Frisian, Dutch, Afrikaans, German, Luxembourgish, Danish, Norwegian, Icelandic, Faroese, and Swedish *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”.[1] In several different Indo-European languages The Indo-European languages are a family of several hundred related languages and dialects, including most major languages of Europe, the Iranian plateau, and Southern Asia, and historically also predominant in Anatolia and Central Asia. With written attestations appearing since the Bronze Age, in the form of the Anatolian languages and Mycenaean, a single word derived from the same root means both "right" and "law", such as French droit[2] and German recht[3].

Many other words related to normative or regulatory concepts derive from this same root, including correct[4], regulate[5], and rex[6] (meaning "king"), whence regal[7] and thence royal[8]. Likewise many more geometric terms derive from this same root, such as erect (as in "upright")[9], rectangle (literally "right angle In geometry and trigonometry, a right angle is an angle which bisects the angle formed by two halves of a straight line. More precisely, if a ray is placed so that its endpoint is on a line and the adjacent angles are equal, then they are right angles. As a rotation, a right angle corresponds to a quarter turn")[10], straight[11] and stretch[12]. Like right, the English words rule[13] and ruler[14], 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[15], whence norm Norms are sentences or concepts with practical, i. e. action-oriented import. Norms imply "ought"-type statements or assertions, in distinction to descriptions which provide "is"-type statements or assertions. Some common sentences that are norms include commands, permissions, and prohibitions. Some common concepts that are[16], normal[17], and normative[18] itself, and also geometric concepts such as surface normals A surface normal, or simply normal, to a flat surface is a vector that is perpendicular to that surface. A normal to a non-flat surface at a point P on the surface is a vector perpendicular to the tangent plane to that surface at P. The word "normal" is also used as an adjective: a line normal to a plane, the normal component of a force,; and likewise Greek ortho[19] whence Latin ordo[20], meaning either "right" or "correct" (as in orthodox, meaning "correct opinion"[21]) or "straight" or "perpendicular" (as in orthogonal, meaning "perpendicular angle"[22]), and thence order[23], ordinary[24], etc.

A wide variety of meanings

Rights are widely regarded as the basis of law, but what if laws are bad? Some theorists suggest civil disobedience Civil disobedience is the active refusal to obey certain laws, demands, and commands of a government, or of an occupying international power. Civil disobedience is usually, but not always, defined as being nonviolent resistance. In its most nonviolent form it could be said that it is compassion in the form of respectful disagreement. One of its is, itself, a right, and it was advocated by thinkers such as Henry David Thoreau Henry David Thoreau was an American author, poet, naturalist, tax resister, development critic, surveyor, historian, philosopher, and leading transcendentalist. He is best known for his book Walden, a reflection upon simple living in natural surroundings, and his essay, Civil Disobedience, an argument for individual resistance to civil government, Martin Luther King Jr. Martin Luther King, Jr. was an American clergyman, activist, and prominent leader in the African American civil rights movement. His main legacy was to secure progress on civil rights in the United States, and he has become a human rights icon: King is recognized as a martyr by two Christian churches. A Baptist minister, King became a civil rights, and Gandhi Mohandas Karamchand Gandhi (Gujarati: મોહનદાસ કરમચંદ ગાંધી, pronounced [moːɦən̪d̪aːs kərəmʨən̪d̪ ɡaːn̪d̪ʱiː] ; 2 October 1869 – 30 January 1948) was the pre-eminent political and spiritual leader of India during the Indian independence movement. He pioneered satyagraha—resistance to tyranny.

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 the concept, 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.[25] ”

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.[25] ”

There has been considerable debate about what this term means within the academic community, particularly within fields such as philosophy Philosophy is the study of general and fundamental problems concerning matters such as existence, knowledge, values, reason, mind, and language. It is distinguished from other ways of addressing fundamental questions by its critical, generally systematic approach and its reliance on rational argument. The word "philosophy" comes from the, law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and, deontology Deontological ethics or deontology is an approach to ethics that judges the morality of an action based on the action's adherence to a rule or rules. Deontologists look at rules and duties, logic Logic is the study of reasoning. Logic is used in most intellectual activities, but is studied primarily in the disciplines of philosophy, mathematics, and computer science. Logic examines general forms which arguments may take, which forms are valid, and which are fallacies. It is one kind of critical thinking. In philosophy, the study of logic, and political science Political science is a social science concerned with the theory and practice of politics and the description and analysis of political systems and political behavior. Political scientists "see themselves engaged in revealing the relationships underlying political events and conditions. And from these revelations they attempt to construct. One way to look at different senses of the term of rights is to examine contrasting ideas about the concept.

Natural rights versus legal rights

According to some views, certain rights derive from God God is the English name given to the singular omnipotent being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism or Nature Nature, in the broadest sense, is equivalent to the natural world, physical world, or material world. "Nature" refers to the phenomena of the physical world, and also to life in general. It ranges in scale from the subatomic to the cosmic Main article: Natural and legal rights Legal rights are rights conveyed by a particular polity, codified into legal statutes by some form of legislature (or unenumerated but implied from enumerated rights), and as such are contingent upon local laws, customs, or beliefs

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 Jeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He is best known for his advocacy of utilitarianism and animal rights, and the idea of the panopticon believed that legal rights were the essence of rights, and he denied the existence of natural rights; whereas Thomas Aquinas Saint Thomas Aquinas, O.P. was an Italian priest of the Catholic Church in the Dominican Order, and an immensely influential philosopher and theologian in the tradition of scholasticism, known as Doctor Angelicus and Doctor Communis. He is frequently referred to as Thomas because "Aquinas" refers to his residence rather than his surname held that rights purported by positive law In the strictest sense, it is law made by human beings, that is, "Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." This term is also sometimes used to refer to the legal philosophy, legal positivism, as distinct from the schools of natural law and legal realism but not grounded in natural law Natural law or the law of nature has been described as a law whose content is set by nature and that therefore has validity everywhere. As classically used, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. The phrase natural law is opposed to the positive law (which is man-made) of a given were not properly rights at all, but only a facade or pretense of rights.

Claim rights versus liberty rights

A deed A deed is a signed and usually sealed legal instrument in writing used to grant a right. Deeds have historically been part of the broader category of instruments under seal, requiring only the affixing of a common seal to render them valid. Today, however, deeds are instruments in solemn form which require the author's signature and a number of is an example of a claim right in the sense that it asserts a right to own land. This particular deed dates back to 1273. Main article: Claim rights and liberty rights 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

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.

Positive rights versus negative rights

Main article: Negative and positive rights Libertarians and some political scientists make a distinction between negative and positive rights . According to this view, positive rights permit or oblige action, whereas negative rights permit or oblige inaction. These permissions or obligations may be of either a legal or moral character. Likewise, the notion of positive and negative rights

In one sense, a right is a permission to do something or an entitlement to a specific service or treatment, 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 the United States ^ b. English is the de facto language of American government and the sole language spoken at home by 80% of Americans age five and older. Spanish is the second most commonly spoken language, citizens have the positive right to vote and they have the negative right not to vote; people can stay home and watch television Television is a widely used telecommunication medium for transmitting and receiving moving images, either monochromatic ("black and white") or color, usually accompanied by sound. "Television" may also refer specifically to a television set, television programming or television transmission. The word is derived from mixed Latin instead, if they desire. In Belgium Belgium (pronounced /ˈbɛldʒəm/ , BEL-jəm), officially the Kingdom of Belgium, is a country in northwest Europe. It is a founding member of the European Union and hosts its headquarters, as well as those of other major international organizations, including NATO. Belgium covers an area of 30,528 square kilometres (11,787 sq mi), and it has a, however, citizens have a positive right to vote but they don't have a negative right to not vote, since non-voting citizens can be fined. 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").

Individual rights versus group rights

Main article: Individual and group rights

The general sense of right 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 thinkers such as Ayn Rand Ayn Rand , was a Russian-American novelist, philosopher, playwright, and screenwriter. She is known for her two best-selling novels and for developing a philosophical system she called Objectivism. Born and educated in Russia, Rand immigrated to the United States in 1926. She worked as a screenwriter in Hollywood and had a play produced on who argued that only individuals have rights, according to her philosophy called Objectivism.[27] However, others have argued that there are situations in which a group of persons is thought to have rights, or group rights. Accordingly:

Do groups have rights? Some argue that when soldiers bond in combat Combat, or fighting, is purposeful violent conflict meant to establish dominance over the opposition, the group becomes like an organism in itself and has rights which trump the rights of any individual soldier.

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 A closed shop is a form of union security agreement under which the employer agrees to only hire union members, and employees must remain members of the union at all times in order to remain employed 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.

Other senses

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 and politics

In the United States, a person who is going to be questioned by police when he or she is in police custody must be read his or her "Miranda rights". The Miranda warning assumes people don't understand what their rights are so it requires police officers to read a statement to people being arrested which informs them that they have certain rights, such as the right to remain silent and the right to have an attorney.

Rights are often included in the foundational questions 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,[28] and amongst humans, groups such as children[29] and youth, parents (both mothers and fathers), and men and women.[30]

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.[31]

History of rights

See also: History of human rights The Magna Carta or "Great Charter" was one of England's first documents containing commitments by a sovereign to his people to respect certain legal rights. It reduced the power of the monarch. The Declaration of the Rights of Man and of the Citizen in 1789 in France.

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, at present the question of who has what legal rights is sometimes addressed by the constitutions of the respective nations.

Most historic notions of rights were authoritarian and hierarchical, with different people being granted different rights, and some having more rights than others. For instance, the right of a father to be respected by his son did not indicate a duty upon the father to return that respect, and the divine right of kings which permitted absolute power over subjects did not leave room for many rights to be granted to the subjects themselves.[32]

In contrast, modern conceptions of rights often emphasize liberty and equality as among the most important aspects of rights, though conceptions of liberty (e.g. positive or negative) and equality (e.g. of opportunity or of outcome) frequently differ.

Important documents in the political history of rights include:

See also

Main article: Outline of rights

References

  1. ^ wikt:right
  2. ^ wikt:droit
  3. ^ wikt:recht
  4. ^ wikt:correct
  5. ^ wikt:regulate
  6. ^ wikt:rex#latin
  7. ^ wikt:regal
  8. ^ wikt:royal
  9. ^ wikt:erect
  10. ^ wikt:rectangle
  11. ^ wikt:straight
  12. ^ wikt:stretch
  13. ^ wikt:rule
  14. ^ wikt:ruler
  15. ^ wikt:norma#latin
  16. ^ wikt:norm
  17. ^ wikt:normal
  18. ^ wikt:normative
  19. ^ wikt:ortho
  20. ^ wikt:ordo
  21. ^ wikt:orthodox
  22. ^ wikt:orthogonal
  23. ^ wikt:order
  24. ^ wikt:ordinary
  25. ^ a b "Stanford Encyclopedia of Philosophy". Stanford University. July 9, 2007. http://plato.stanford.edu/entries/rights/. Retrieved 2009-12-21. "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."
  26. ^ a b "Stanford Encyclopedia of Philosophy". Stanford University. July 9, 2007. http://plato.stanford.edu/entries/rights/. Retrieved 2009-12-21. "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."
  27. ^ Ayn Rand (2009-12-18). "The Virtue of Selfishness: Individual Rights". The Ayn Rand Lexicon. http://aynrandlexicon.com/lexicon/individual_rights.html. Retrieved 2009-12-18. "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"
  28. ^ Kate Pickert (Mar. 09, 2009). "Undercover Animal-Rights Investigator". Time Magazine. http://www.time.com/time/nation/article/0,8599,1883742,00.html. Retrieved 2009-12-21. "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?"
  29. ^ Victoria Burnett (July 26, 2007). "Human Rights Watch says migrant children are at risk in Canary Islands". The New York Times. http://www.nytimes.com/2007/07/26/world/europe/26iht-abuse.4.6849724.html. Retrieved 2009-12-21. ""They must immediately come up with a plan to close these centers," Simone Troller, author of the report and a childrens' 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.""
  30. ^ . NPR. October 21, 2009. . Retrieved 2009-12-21. "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."
  31. ^ John E. Roemer (December 14, 2005). "Roemer on equality of opportunity". New Economist. http://neweconomist.blogs.com/new_economist/2005/12/roemer_on_equal.html. Retrieved 2009-12-21. "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."
  32. ^ "Divine Right of Kings". BBC. 2007-10-11. http://www.bbc.co.uk/radio4/history/inourtime/inourtime_20071011.shtml. Retrieved 2009-12-21. "The idea that a monarch could heal with his touch flowed from the idea that a king was sacred, appointed by God and above the judgement of earthly powers. It 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."
  33. ^ R. B. Serjeant, The Sunnah Jami'ah, pacts with the Yathrib Jews, and the Tahrim of Yathrib: Analysis and translation of the documents comprised in the so-called "Constitution of Medina." Bulletin of the School of Oriental and African Studies, University of London, Vol. 41, No. 1. (1978), page 4.

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Q. If I think my aged parents are a hazard on the road, and people keep telling me to take their car keys, what right to I have to interfere. When does a person lose their rights if they have had no accident and they have a current drivers license. If I have the right to force them to give me the car keys, what about younger people in the neighborhood who are worse drivers. The question is: what legal right do I have to stop them from driving, aren't they free citizens of a free country?
Asked by Jorm - Tue Dec 30 13:27:35 2008 - - 4 Answers - 0 Comments

A. You have no legal right to prevent them from driving. If you could prove, through a doctor, that they are unfit to drive, you "may" be able to do something. Ask some of those "caring" people if they will be willing to drive your parents around. They sound like busy-bodies to me.
Answered by sensible_man - Tue Dec 30 13:39:26 2008

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