Theories Of Rights

The nature of rights us variously explained by

different writers.the most important theories are
follows:

1.Theory Of Natural Right:

The doctraine of natural rights was an essential part of the
theory of social contract .According to its theorists ,individual
enjoyed certaun rights in pre-political existence,which they
called as the "the state of nature" theey are called the
natural rights ,because man enjoyed them in this pre-
political natural condition.they are dependent of and prior to
the state.

They do not ,therefore,depend for thier validity upon the

recognition and enforcement of the state.man is born with
them and these are inhering in him. "They are as much as
part of nature as the colour of his skin and the power of
locomotion". they are ,therefore ,inalienable or inseparable
from man.the state cannot deprive anyone of his natural
rights,because they are inalienable.indeed,the state was
established by the social contract only for their preservation
and guarantee .nevertheless the social contract only writer
do not agree among theemselves as to what the natural
rights are and how they are ensured by the state.

Locke's theory of natural rights had the great influence of

the substiquent history of political thought it had inspired
several declaration are bills of rights in france and america
and the modern theory of fundamental rights, and also led to
the rise of modern individualism. for example french
declaration of the rights of man proclaimed in its preamble
the representative of the france,considering the ignorance
neglect or comptempt of human rights are the sole causes of
public misfortune and corruption of government,have
resolved to set forth these natural,the american declaration
of indipendence said that men,are endored by thier creature
with certain inalieable rights that among these are life liberty
and the persuit of happiness. the english utilitarains were its
greatest crtics.for example bentham contemptuosly declared
that natural rights are nonsence upon stilts,and that natural
law is merefiction

2.Crticism:
The old theory of natural has been criticised and rejected on
the following grounds.

1. The term 'nature' is confusing and wage,thus nature mean

the nature of man are the nature of world? does it means the
statics are the dynamic aspects of nature .writer differs from
the meaning of the nature for instance hobbes writer
believed that natural rights araise from the nature of man
which is selfish and aggresive

2.Rights are not prior to state and society, the basic

weakness of the theory of natural rights is the claimed that
right existed independently of and prior to society and
state.it is the state which creates those conditon and
oppportunities in which an individual can exercise his power
to act and developed his self and personality.such condition
and opportunities existed in society hence there were no
rights before society and state. natural rights amplies on the
existence of natural liberty which is not accepted,natural
rights needs natural power are the unlimited freedom to do
as one likes but unlimited freedom is impossible because
everyone has equal rights

3.Merit:
Despite its defect natural rights has one merit because it
says that there are some rights which man must enjoy for
the development of human personality modern writers gave
theory on this in this sence

4.Modern Theory Of Natural Rights:

T.H Green the idealist Philospher he explained natural rights
in reference to future ,he says that natural rights are inhernt
in modern nature of man the state must creates condition in
which he can do so.

Laski rejects the concept of historical element in theory of

natural rights ,he says "they are not historical in the sence
that they have at sometime from thier recognition,they are
not natural in the sence that Permanent and Unchanging
catalogue of them can be compilled".Rights like freedom of
speech and association and the right to the suitable
employment and vague ,Adecuate Education they are
natural rights because theyare useful to ends of the state
seeks to serve .

5.Legal Theory Of Rights:

The legal theory is the opposute of natural rights .accodring
to this theory state cannot recognised but actualy creates
writes.a wrtie is that claim which is upheld by the force of
the state upon the orer of its course state creates these
rights by formulating them and define their scope and
established law course to protect their enjoyment by the
citizen without the state there are no rights but only
power,right without the state is might to exercise power its is
tyranny.

6.Crticism:
Legal theory is attacked by pluralist especially laski.he says
state cannot create rights but recognize them ,moreover just
has the state has rights in the same way state also has the
right against the citizen ,he has also rights against the state
there is much truth in the criticism of the legal theory
because rights which are not recognized and enforeced by
law are mere claimes,a right must be grounded in our moral
nature

7.Social Welfare Theory Of Rights:

This theory says rights are esential for social welfare.they
are socially useful or socially desirable ,because they
promote the greatest good of the greatest number. laski also
hold the similar opinion, he says that right are related to the
function one performed for the soeity,on the other hand ,one
cannot have rights against the public welfare because it is to
give him rights against welfare which is really and ultimately
his welfare also. hence rights are not indipendent soceity but
are inherit in it .sometimes under the pretext of social
welfare the rights of the individual are taken away and his
individuality supressed the result is the revolt of those
person and classes whos rights are thus denied or
supressed.

8.Conclution:
We explaind diferent theiry of nature right none of them
explained rights adequatly,but each have element of truth
,rights exist in society for its common goods this acpect of
rights are emphasized by the social welfare theory,this
theory show us that rights must be historical, that is they
must be found in given condition of time.lasltly legal theory
emphasized that moral ,historical are functional aspects
alone will not turn into a claim into a right untill or unless it is
not recognized by the statee and enforced by law,if not they
are moral rights but not legal