III.

Theoretical Framework

1. Natural Rights Theory (Liberalism)

Holds that individuals have certain rights–such as the rights to life, liberty, and

property–by their human nature rather than on account of prevailing laws or

conventions. The idea of natural rights reaches far back in the history of philosophy and

legal thought. Arguably, it was already recognized in nascent form by ancient Greek

thinkers such as Aristotle in the fourth century B.C., who argued that citizens who are

equal by nature have the same natural right (that is, just claim) to political office

(Politics III.16.1287a8–14). During the Middle Ages, the concept of natural rights began

to emerge in a more recognizably modern form. Medieval canon lawyers, philosophers,

and theologians entered a heated debate over the status of individual property rights,

with some contending that the property right was natural and others that it was merely

conventional (Natural Rights Liberalism from Locke to Nozick). According to the doctrine

of natural rights, human rights are inherent and unalienable, which means that no

government or person can restrict or deny them. It is believed that these rights are

derived from the natural order of things or humanity's fundamental essence. The

defense of individual rights is emphasized by liberal views as the cornerstone of social

justice. In this context, it is believed that human rights are intrinsic to each person and

need to be protected by the state. Liberals contend that a society where the rule of law

is upheld, and everyone is given equal protection and treatment under the law is a just

society.
2. Utilitarianism Theory

Utilitarianism is an ethical theory that determines right from wrong by focusing on

outcomes. It is a form of consequentialism. Utilitarianism holds that the most ethical

choice is the one that will produce the greatest good for the greatest number. It is the

only moral framework that can be used to justify military force or war. It is also the most

common approach to moral reasoning used in business because of how it accounts for

costs and benefits. Utilitarianism also has trouble accounting for values such as justice

and individual rights. For example, assume a hospital has four people whose lives

depend upon receiving organ transplants: a heart, lungs, a kidney, and a liver. If a

healthy person wanders into the hospital, his organs could be harvested to save four

lives at the expense of one life. This would arguably produce the greatest good for the

greatest number. But few would consider it an acceptable course of action, let alone the

most ethical one.

So, although utilitarianism is arguably the most reason-based approach to determining

right and wrong, it has obvious limitations (Ethics Unwrapped). Utilitarian viewpoints

assess deeds according to their total usefulness or impact on the welfare of the

majority. This strategy seeks to reduce suffering and increase happiness within society.

The goal of utilitarianism is to advance the greatest good for the largest possible

number of individuals. Human rights are justified, according to this argument, by their

overall beneficial effects on society.

Marxism is the social and economic theory developed by Karl Marx in the 19th

century. Marxian economics describes the capitalist system of production as inherently

unfair to the workers, who represent most of the population.

Marx's social theories linked these capitalist shortcomings to an increasing class

struggle between workers and employers, which would eventually spark a revolution

that would give the working class more power and establish collective ownership of the

means of production. (Investopedia.com). Human rights, according to Marxist ideology,

are byproducts of the capitalist system and cannot be fully realized until the system is

overturned and a society devoid of classes is achieved. Marxist views attribute the

underlying causes of social injustice to class conflict and economic institutions. Human

rights are frequently viewed as instruments used by the ruling class to hold onto power,

and true justice necessitates the abolition of class divisions.

4. Feminist Theory

Feminist theory encompasses a range of ideas, reflecting the diversity of women

worldwide. Feminism counters traditional philosophy with new ways of addressing

issues affecting humanity, calling for the replacement of the presiding patriarchal order

with a system that emphasizes equal rights, justice, and fairness. Liberal feminists cite

women's oppression as rooted in social, political, and legal constraints. Radical

libertarian feminists hold that the patriarchal system that oppresses women must be

eliminated and that women should be free to exercise total sexual and reproductive
freedom. Radical cultural feminists urge women to extricate themselves from the

institution of compulsory heterosexuality. Marxist–socialist feminists claim it is

impossible for anyone, especially women, to achieve true freedom in a class-based

society. Multicultural feminists explain how the idea of ‘sameness’ could

counterintuitively be used as an instrument of oppression rather than

liberation. Postmodern feminists challenge Western dualistic thinking. Global

feminists stress the universal interests of women worldwide. Ecofeminists focus on the

connection between humans to the nonhuman world. Feminist theory has impacted

virtually all structures, systems, and disciplines, challenging traditional ontological and

epistemological assumptions about human nature as well as ‘maleness’ and

‘femaleness.’ Modern feminism, which began 200 years ago, has evolved in three

waves. The first wave dealt with suffrage; the second centered on equal access; and

the current wave focused on global equality. (R. Tong, in International Encyclopedia of

the Social & Behavioral Sciences, 2001).

5. Postcolonialism Theory

Postcolonial theory is a literary theory or critical approach that deals with literature

produced in countries that were once or are now, colonies of other countries. It may

also deal with literature written in or by citizens of colonizing countries that take colonies

or their peoples as its subject matter. The theory is predicated on the ideas of

resistance and otherness. Orientalism by Edward Said is widely regarded by

practitioners as the seminal text of postcolonial theory, which entered the critical toolkit

in the 1970s. Advocates of this thesis usually look at how writers from colonized nations
try to express, even celebrate, their cultural identities and take them back from the

colonizers. They also look at how colonialism is justified in literature by the colonial

powers by sustaining inferiority complexes about the colonized. Nonetheless, efforts to

provide a unified definition of postcolonial theory have proven difficult, and several

authors have sharply criticized the idea itself. (art.washington.edu). Human rights are

seen through a Eurocentric lens by postcolonial theory, which contends that because

these rights are mostly grounded on Western ideals, they may not fully represent the

realities of those living in the Global South.

Cambridge University Press (July 2010) Natural Rights Liberalism from Locke to Nozick,

Edited by Ellen Franken Paul, Fred D. Miller Jr., and Jeffrey Paul

https://www.cambridge.org/core/books/abs/natural-rights-liberalism-from-locke-to-

nozick/introduction/611FB58FC3621A6875975FD1D3FB38BA

Ethics Unwrapped (N/A) Utilitarianism,

https://ethicsunwrapped.utexas.edu/glossary/utilitarianism#:~:text=Utilitarianism%20is

%20an%20ethical%20theory%20that%20determines%20right%20from%20wrong,good

%20for%20the%20greatest%20number.

Investopedia (March 2023) Marxism: What It Is and Comparison to Communism,

Socialism, and Capitalism

https://www.investopedia.com/terms/m/marxism.asp#:~:text=Marxism%20is%20the

%20social%20and,represent%20most%20of%20the%20population .

Art Washington.edu, An Introduction to Post-Colonialism, Post-Colonial Theory, and

Post-Colonial Literature,

https://art.washington.edu/sites/art/files/documents/about/an_introduction_to_post-
colonialism_post-colonial_theory_and_post-colonial_literature.pdf