Rights – Different Theories of Rights

Rights are important conditions for a free and balanced life because many would be reduced to the state of the animal kingdom without rights. In the words of Harold Laski, “Rights are those conditions of social life without which no man can be his best self. The concept of rights originated in the period of the Renaissance and afterward to the period of Enlightenment and humanism was the essential feature of this period. There are different theories of natural rights and rights like Marxist theory, Laski’s theory, etc.

Also Read: Rights – Meaning, Nature, and Framework

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Theories of Natural Rights

The theory of Natural rights is propounded by Hobbes, Locke, and Rosseau and they maintain that rights are natural in the sense that they have been available to men in the state of nature of the pre-civil society. However, the teleological view of natural rights explains it with reference to the purpose of human life. The basic premise on which this theory is based is that men have some natural rights that are inherent in the state of nature.  

They have an agreement over the possession of natural rights by all men and all agree that society is organized to guarantee the continuation of these rights but their agreement ends here. While Hobbes maintains that the formation of the civil society resulted in the end of their rights, Locke believes that these rights have continuously existed and that society must preserve them, and Rosseau believes that the formation of civil society had led to the merger of the individual wills with that of the general will.

Tom Paine, another exponent of the theory of natural rights and he did not agree with the position of Hobbes, Locke, and Rosseau. He considers that social contract as ‘eternally binding’, and that is why he considers it as ‘a clog on the wheel of progress’. He believes that every generation has the right to think independently and they should not be bothered about deadwoods.

Economic or Marxist Theory of Rights

The economic theory is based on the studies and views of Karl Marx. The Marxists have traced the origin and nature of rights in terms of the economic system prevalent at a certain period. According to the Marxist view, rights emanate from the existing economic relations in society. Though the state is the source of the right, the dominant economic forces and the rights that influence the state that come out from it show the bias of the dominant class.

It is because of this bias that rights have always been titled in favor of the economically stronger class, while weaker sections have been left out with fewer rights or such rights that are hardly of any use to weaker sections. For example, a capitalist system provides rights not for all but to the small minority that has a monopoly over the forces of production.

Laski’s Theory of Rights

According to the theory of Laski, rights are the social conditions given to an individual as a member of the society and they help individuals in promoting individual personality and are vital for the balanced development of human beings. Harold Laski has said that rights are those conditions of social life without which no man can be his best self. The same is the case with the teleological theory of rights as they believe that rights owe their origin to the consciousness of the society. This approach to the right is one-sided as it ignores the immediate sources of the right that is state.  

Thus, there are various theories about the rights of individuals in the state and society.