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Differentiating between rights granted by the state and rights that exist because of human dignity.
Imagine living in a country where it is perfectly legal to take someone's home without paying for it, just because they have blue eyes. If it's the law, does that make it right?
Rights are not all created equal. Legal Rights (also called 'Positive Law') are granted by a government or a legal system. They are written in constitutions and statutes. For example, your right to a driver's license is a legal right; the state can grant it or take it away. Moral Rights, however, are believed to exist independently of any government. These are often called 'Natural Rights' or 'Human Rights.' They are based on the idea of human dignity—the inherent value of every person. Even if a law says you don't have a right to speak your mind, philosophers like John Locke argued that you still have the moral right to do so because you are a human being.
1. A city passes a law setting the speed limit at mph. 2. This creates a Legal Right for pedestrians to expect cars to move at that speed. 3. However, there is no 'Natural' or 'Moral' law in the universe that dictates mph specifically. 4. This right is purely a product of the state's decision to ensure safety.
Quick Check
If a government collapses and its laws disappear, do your 'Moral Rights' disappear too?
Answer
No, because moral rights are based on human dignity, not on the existence of a government.
Philosophers often categorize rights into two buckets. Negative Rights are 'freedoms from.' They require others (and the government) to refrain from interfering with you. Examples include freedom of speech or freedom from physical assault. Positive Rights are 'entitlements to.' They require others to provide you with a good or service. Examples include the right to an education or healthcare. If we define a right as , a negative right means others must (not) interfere with , while a positive right means the state must provide to the individual.
1. Viewed as a Negative Right: Others are morally and legally forbidden from killing you. They must 'stay away' from your life. 2. Viewed as a Positive Right: The state might be required to provide you with food, clean water, or medicine to ensure you stay alive. 3. Debate: Many political disagreements stem from whether we should only have negative rights or if the government owes us positive rights as well.
Quick Check
Is the 'Right to remain silent' a Positive or Negative right?
Answer
It is a Negative Right, because it is a freedom from being forced to speak (interference).
An inalienable right is a right that cannot be given up or taken away. The US Declaration of Independence famously lists 'Life, Liberty, and the pursuit of Happiness' as inalienable. This concept is vital when we encounter immoral laws. History is full of legal rights that violated moral rights—such as slavery or segregation. In these cases, the 'Legal Right' of an owner was a 'Moral Wrong.' Philosophers argue that when a legal system fails to protect inalienable moral rights, the law loses its authority. This is the foundation of civil disobedience.
1. After WWII, Nazi leaders argued they weren't guilty because they were 'just following the law' of their country. 2. The judges ruled that there are 'Higher Laws' (Moral/Natural Rights) that supersede the laws of any nation. 3. This established that 'Legal' 'Moral.' 4. Even if a state legalizes , if violates human dignity, it remains a moral crime.
Which of these is the best example of a 'Negative Right'?
If a right is 'inalienable,' it means:
True or False: Every legal right is automatically a moral right.
Review Tomorrow
In 24 hours, try to explain to a friend the difference between a 'freedom from' (negative) and an 'entitlement to' (positive) right.
Practice Activity
Find a news article about a new law. Ask yourself: 'Is this a legal right being created, or is it protecting a pre-existing moral right?'