Rights, Theories of

In general, the term right is used to describe a person's entitlement. For example, people claiming an entitlement to say what they think express a right of freedom of speech.

In modern-day societies, it appears that claims to entitlements are proliferating; matters as diverse as liberty, abortion, health care, privacy, human welfare, euthanasia, capital punishment, and suicide are all steeped in claims to certain rights. Indeed, the term rights is used extensively in relation to a vast array of contentious matters; debates concerning politics, morality, justice, and fairness are especially peppered with claims to rights. The notion of rights is now also commonly used in relation to claims concerning inanimate objects, plants, and nonhuman animals. It becomes important therefore to consider exactly what we mean by “rights.”

The language employed in relation to rights is, however, problematic. Some rights are, on occasion, described as “fundamental.” This suggests a hierarchy of rights, some of which are of greater importance, in terms of morality or otherwise, while others are simply rights. It may be that in more developed societies the rights that are seen to be fundamental to civil society have been enshrined in their constitutions. But “fundamental rights” could also refer to those rights that are the minimum entitlement of every person no matter their society's stage of development. The term natural rights is sometimes employed in this regard. Life, liberty, property, and equality are often cited as “fundamental natural rights” for the reason that they underlie or are a necessary condition for the enjoyment of all other rights. It is also claimed that natural rights are implicit in human nature.

On other occasions, some rights are described as “inalienable.” For example, an individual's freedom, dignity, and choice are commonly described as inalienable rights. These particular rights are also sometimes described as “moral rights.” But it is sometimes difficult to determine whether fundamental is one and the same as inalienable or moral or otherwise.

The term right is also sometimes used in a more general sense to mean treatment that is just or fair. For example, in relation to being employed, a claim to equal pay for equal work is made in respect of being treated in a just and fair manner. Other times the term right is used when some other term may be a more accurate description. For example, the Universal Declaration of Human Rights specifies a right to work (Article 23[1]) and to rest and leisure (Article 24). But whether these are truly rights in the sense of entitlements, as distinct from social/political ideals, is another question that gives rise to debate.

To claim that something is “a right” gives rise to myriad questions that extend from understanding the nature of rights and identifying legitimate claims to a right to concern for their universal acceptance. These questions have in turn generated a literature, grounded in a wide spectrum of philosophical discourse, which is rich in character and long in debate. There is now an abundance of theories endeavoring to answer, or at least clarify, some of the questions posed in relation to claiming an entitlement or a right.

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