Natural rights and legal rights
From The Art and Popular Culture Encyclopedia
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+ | "[[We hold these truths to be self-evident]], that [[all men are created equal]], that they are endowed by their Creator with certain [[Natural and legal rights |unalienable]] Rights, that among these are [[Life, liberty and the pursuit of happiness|Life, Liberty and the pursuit of Happiness]]." --second paragraph of the ''[[United States Declaration of Independence]]'' by Thomas Jefferson | ||
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Revision as of 10:18, 10 November 2018
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." --second paragraph of the United States Declaration of Independence by Thomas Jefferson |
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Legal rights (sometimes also called civil rights or statutory 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. In contrast, natural rights (also called moral rights or unalienable rights) are rights which are not contingent upon the laws, customs, or beliefs of a particular society or polity. Natural rights are thus necessarily universal, whereas legal rights are culturally and politically relative.
Blurring the lines between natural and legal rights, U.S. statesman James Madison believed that some rights, such as trial by jury, are social rights, arising neither from natural law nor from positive law but from the social contract from which a government derives its authority.
See also
- Constitutional economics
- Constitutionalism
- Fundamental rights
- Human dignity
- Human rights
- Natural law
- Positive law
- Rule according to higher law
- Rule of law
- Substantive due process