Nature is given by god....
Natural and legal rights are two types of rights. Legal rights are those bestowed onto a person by a given legal system. Natural rights are those not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable (i.e., cannot be sold, transferred, or removed).
The concept of natural law is closely related to the concept of natural rights. During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government — and thus legal rights — in the form of classical republicanism.[dubious – discuss][original research?][clarification needed] Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.
The idea of human rights is also closely related to that of natural rights: some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights. Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The 1948 United Nations Universal Declaration of Human Rights is an important legal instrument enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative rights, whereas human rights also comprise positive rights. Even on a natural rights conception of human rights, the two terms may not be synonymous.
Kant argued that our experiences are structured by necessary features of our minds. In his view, the mind shapes and structures experience so that, on an abstract level, all human experience shares certain essential structural features. Among other things, Kant believed that the concepts of space and time are integral to all human experience, as are our concepts of cause and effect.[4] One important consequence of this view is that one never has direct experience of things, the so-called Noumea world, and that what we do experience is the phenomenal world as conveyed by our senses. These claims summarize Kant's views upon the subject–object problem. Kant published other important works on ethics, religion, law, aesthetics, astronomy, and history. These included the Critique of Practical Reason (Kritik der praktischen Vernunft, 1788), the Metaphysics of Morals (Die Metaphysik der Sitten, 1797), which dealt with ethics, and the Critique of Judgment (Kritik der Urteilskraft, 1790), which looks at aesthetics and teleology.
The right to what is in essence inalienable is imprescriptible, since the act whereby I take possession of my personality, of my substantive essence, and make myself a responsible being, capable of possessing rights and with a moral and religious life, takes away from these characteristics of mine just that externality which alone made them capable of passing into the possession of someone else. When I have thus annulled their externality, I cannot lose them through lapse of time or from any other reason drawn from my prior consent or willingness to alienate them.
In discussion of social contract theory, "inalienable rights" were said to be those rights that could not be surrendered by citizens to the sovereign. Such rights were thought to be natural rights, independent of positive law. Some social contract theorists reasoned, however, that in the natural state only the strongest could benefit from their rights. Thus, people form an implicit social contract, ceding their natural rights to the authority to protect the people from abuse, and living henceforth under the legal rights of that authority.
Many historical apologies for slavery and illiberal government were based on explicit or implicit voluntary contracts to alienate any "natural rights" to freedom and self-determination. The de facto inalienability arguments of Hutcheson and his predecessors provided the basis for the anti-slavery movement to argue not simply against involuntary slavery but against any explicit or implied contractual forms of slavery. Any contract that tried to legally alienate such a right would be inherently invalid. Similarly, the argument was used by the democratic movement to argue against any explicit or implied social contracts of subjection (pactum subjectionis) by which a people would supposedly alienate their right of self-government to a sovereign as, for example, in Leviathan by Thomas Hobbes.
The concept of natural law is closely related to the concept of natural rights. During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government — and thus legal rights — in the form of classical republicanism.[dubious – discuss][original research?][clarification needed] Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.
The idea of human rights is also closely related to that of natural rights: some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights. Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The 1948 United Nations Universal Declaration of Human Rights is an important legal instrument enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative rights, whereas human rights also comprise positive rights. Even on a natural rights conception of human rights, the two terms may not be synonymous.
Kant argued that our experiences are structured by necessary features of our minds. In his view, the mind shapes and structures experience so that, on an abstract level, all human experience shares certain essential structural features. Among other things, Kant believed that the concepts of space and time are integral to all human experience, as are our concepts of cause and effect.[4] One important consequence of this view is that one never has direct experience of things, the so-called Noumea world, and that what we do experience is the phenomenal world as conveyed by our senses. These claims summarize Kant's views upon the subject–object problem. Kant published other important works on ethics, religion, law, aesthetics, astronomy, and history. These included the Critique of Practical Reason (Kritik der praktischen Vernunft, 1788), the Metaphysics of Morals (Die Metaphysik der Sitten, 1797), which dealt with ethics, and the Critique of Judgment (Kritik der Urteilskraft, 1790), which looks at aesthetics and teleology.
The right to what is in essence inalienable is imprescriptible, since the act whereby I take possession of my personality, of my substantive essence, and make myself a responsible being, capable of possessing rights and with a moral and religious life, takes away from these characteristics of mine just that externality which alone made them capable of passing into the possession of someone else. When I have thus annulled their externality, I cannot lose them through lapse of time or from any other reason drawn from my prior consent or willingness to alienate them.
In discussion of social contract theory, "inalienable rights" were said to be those rights that could not be surrendered by citizens to the sovereign. Such rights were thought to be natural rights, independent of positive law. Some social contract theorists reasoned, however, that in the natural state only the strongest could benefit from their rights. Thus, people form an implicit social contract, ceding their natural rights to the authority to protect the people from abuse, and living henceforth under the legal rights of that authority.
Many historical apologies for slavery and illiberal government were based on explicit or implicit voluntary contracts to alienate any "natural rights" to freedom and self-determination. The de facto inalienability arguments of Hutcheson and his predecessors provided the basis for the anti-slavery movement to argue not simply against involuntary slavery but against any explicit or implied contractual forms of slavery. Any contract that tried to legally alienate such a right would be inherently invalid. Similarly, the argument was used by the democratic movement to argue against any explicit or implied social contracts of subjection (pactum subjectionis) by which a people would supposedly alienate their right of self-government to a sovereign as, for example, in Leviathan by Thomas Hobbes.
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