Right is a protected, recognized and justified claim or interest on a particular intangible or tangible property in which its violation is unlawful. Subsequently, it is the immunity, privilege, freedom or power as a result of birth, guaranty, and claim due to an agreement or through moral or legal application or even the principles of nature. Furthermore, rights are grouped into two broad categories namely; Liberty right which is basically the right to a given thing in which the right holder cannot be prevented from accessing it at all cost, for example, the right to follow a particular belief or the right to speak freely. And the second category is the License right; which is typically the right to developing or doing something which is else prohibited, for instance, the right to drive a fully powered vehicle or right to selling liquor. Other rights include the civil, alienable, entitlement, human right, natural rights, and inalienable rights.
Legal rights
Legal rights are the ones which focus on those rights enshrined or established within the standing of legal codes. In addition, it’s the right which enjoys full immunity such as protection and recognition within the confines of the law. In the event of a problem with its existence, it can easily be resolved by merely locating the relevant clause or piece or instrument of legislation. Donnelly states that it cannot be said that it exist before its passing to become law and the confines of its legitimacy established by rule of the body that passed the appropriate legislation. An example of such rights are the children right to receive adequate primary education as stipulated in the Education Act of United Kingdom (Donnelly 2007) . The application of this right restricted to the United Kingdom, and these children cannot receive the primary education sufficiently from a school outside the boundaries of United Kingdom example North California.
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Moral Right
Moral rights are the right which links up the creator of a certain thing or work to their creation or work. Moreover, it’s typically about being correctly credited or named when your workings are employed or undergoes natural treatment or basically the displays of them. For instance, it advocates for your name always to be attached to your workings, mostly referred to as the right of attribution. In addition, it also articulates that your services handled in a way that does not hurt your reputation as the creator and this is referred to as the right of integrity.
Human Right
Human rights are usually those rights which are entitled to every humanity. In addition, they comprise privileges like the right to equity, education, fair play and the right to associate freely. Generally, they are inherent to all humankind irrespective their place of residence, ethnic or national origin, sex, religion, color or any other existing status. The human rights are both obligations and rights where the states and countries have the responsibility under the international law to protect, fulfill and respect them. In general, they are basically things people are entitled to by the virtue of just being human (Donnelly 2007) . Basically, they are based on the principles that promote the respect of an individual’s rights. The assumption existing on it is that each and every person is a rational and moral enough to merit to be treated with utmost dignity.
How these Rights Relate
The legal right, moral right and human rights all relates together as they acts as a point of reference in most cases when one is violated. For instance, the human rights are universal rights which all the humanity are entitled to but at the same time requires the support of legal rights of the government upholding all the human rights as enshrined in the law. Hence, it shows how they are incorporated together, for example, the moral rights do not have a chance without the respect of the crater of the work which is the human being who basically has the human rights as a protection. The legal rights get into moral right when the rights to integrity are the basis for protection of the creator’s work.
The Three Features that define Moral Rights
The features that define moral right include the following; the author, the right of attribution, and finally right of integrity. The creator is the author of the workings in which he or she deserves respect on how his operations are viewed on him or her. While the right of attribution is advocacy or the right that advocates that your name should always be displayed or attached to your workings. Finally, the right of integrity is one that articulates for your workings to be handled in a way that shows respect for your work and in a way that does not hurt your reputation as the creator.
The Knowledge on the People’s Rights
The existence of human right signal the knowledge of people’s rights as they aide in protecting all the population everywhere they are from to severe legal, social and political abuses. The establishment of this kind of duties answers the questions which arise from the way the whole humanity is treated and the protection of their beliefs and property as well, hence, the essence of the existence of the knowledge of rights as a protector.
The Basis of the Moral Rights according to a Utilitarian view and according to Immanuel Kant
Generally, Utilitarian is the argument in the basis that we should do something as it will results in a total contentment at the expense of doing anything else that wouldn’t. The Act Utilitarian is the moral theory that insists that in the morally right action, the act that contains the moral duty to do is the one that will probably maximize utility which includes things such as welfare, well-being, and happiness amongst others. Act Utilitarian states that it is right to kill if the occurrence of death will result in cheerfulness of many who no longer have to tolerate the person as it overshadows the unhappiness of the publics about that person vanishing. Moreover, the theory states that it is moral to violate other people’s rights or obligate injustices if while doing so it produces or results in a better total quantity of happiness. But believing the utilitarian will not be correct as the respect of rights should trump exploiting utility.
According to Immanuel Kant, the supreme principle of morality where the Kantian ethics based on is the categorical imperative. In addition, it puts emphasis on the formula of universal law which advocates for the acting only on the principles that we can easily show to be on the universal law as it promotes everyone’s rights and applies to everybody. The learning in this contexts is that some people acts immorally but at the same time wants everyone to obey the universal law hence the law should apply to all equally.
Discussion on the idea that Human Beings have Natural Right, to Liberty and Natural Right to Private Property as claimed by John Locke (1632-1704)
In so many occasions in the history, the tyranny has acted as a stimulant in the breakthrough with a focus on the liberty rights. For instance, it was more or less case in England in the mid 17 centuries, which was an era of great rebellion, civil war, and oppression. The scholar John Locke brought forward the radical thinking and view that the governments and states are obliged to give service to the people mostly by providing protection to liberty, life, and property rights as a whole. Additionally, he examined the principles of balances and checks as a way of restricting the government power. And in promoting this, he favored and advocated for the rule of law and representative government as he denounces the tyranny in the process, hence, re-affirming it as the best way to safeguard the natural right to liberty and the natural right to private property.
Reference
Donnelly, J. (2007). The Relative Universality of Human Rights. Human Rights Quarterly, 29 (2), 281-306.
