Philosophical Basis For Rights

Philosophical Basis for Rights
Presented by
Aasun Kumar Bhandari
Roll No. 04
Section A
Natural rights, rooted in the theories of natural law, assert that
certain fundamental rights are inherent to human beings,
independent of transient societal norms or legal systems.
Originating with philosophers such as Socrates, Plato, and

Aristotle, the concept evolved through thinkers like the Stoics,
early Church Fathers, and later philosophers including Thomas
Hobbes, Hugo Grotius, and John Locke.
Natural Law Central to this tradition is the pivotal right to life, epitomized by
the teachings of Lord Mahavira in ancient Indian philosophy.
 The term “human rights” has gained prominence over “natural
rights,” with evolving secular conceptions emphasizing
universal human dignity as their foundation. Dignity, a key
element in human rights discourse, underscores the protection of
freedom and individuality against external threats, as discussed
by Karl Rahner.
Thomas Hobbes, the English philosopher, introduced the concept
of a hypothetical social contract, wherein a community of free
individuals willingly surrenders their natural liberties in exchange
for protection from a sovereign authority.
Social Contract  This notion laid the groundwork for John Locke’s theory,
suggesting that a government’s failure to safeguard individual
rights justifies its removal—an idea later echoed by Jean-
Jacques Rousseau in “The Social Contract.”
 The Golden Rule, also known as the ethic of reciprocity,
advocates treating others as one wishes to be treated,
emphasizing that mutual acknowledgment and respect for
rights are key to safeguarding one’s own rights. This universal
principle is present in various forms across the world’s major
Reciprocity religions and was officially affirmed in the “Declaration
Toward a Global Ethic” by the Parliament of the World’s
Religions in 1993.
In international level formally the first document is Universal
Declaration of Human Rights-1948;
In national level various states have developed as civil rights in

their jurisdictions: for example:
National and Magna Carta- 1215;
International Petition of Rights;
Basis Bill of Rights;
American Declaration of Rights, 1776;

 French Declaration of Rights, 1789
 Louis B. Sohan has classified human rights in generation
categories:
 1) First Generation of Human Rights:
 It contained civil and political rights that had developed in
course of development long period of human rights for example
Generations of Magna carta, Bill of Rights, American and French Declaration
Human Rights of Rights;
Louis B. Sohan has said that all provisions of the Covenant on
Civil and Political Rights is so widespread that they can be
considered as part of the law of mankind.
Under this generation it is considered as economic social and
cultural rights. While ICCPR is originated from American and
Second French Declaration of rights, while Economic Social and Cultural
rights originated from USSR revolution, 1917, and Paris
Generation conference, 1919.
Human Rights  They are positive rights

It is considered as collective rights which meant right to self –
determination, right to development and right to peace.
Louis has argued that, individuals are also members of such units,
Third groups or communities as family, religious community , social
Generation of club, trade union, professional association, racial group, nation

and state.
Human Rights International law not only recognizes inalienable rights of
individuals, but also recognizes certain collective rights exercised
jointly by individuals who are grouped into larger communities,
including people and nations.
 Several analysts claim that a fourth generation of human rights
Fourth is emerging, which would include rights that cannot be
included in the third generation, future claims of first and
Generation of second generation rights and new rights, especially in relation
Human Rights to technological development and information and

communication technologies and cyberspace.
 Thank You!!

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Philosophical Basis for Rights

Originating with philosophers such as Socrates, Plato, and

In national level various states have developed as civil rights in

National and Magna Carta- 1215;

International Petition of Rights;

Basis Bill of Rights;

American Declaration of Rights, 1776;

Human Rights  They are positive rights

Generation of club, trade union, professional association, racial group, nation

Human Rights to technological development and information and

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