16 Jan 2023

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The Relationship Between Aright, a Legal Right, a Moral Right, and a Human Right

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Academic level: College

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Words: 1014

Pages: 4

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Question 1 

The word “right” is one of the most commonly used terms by people, especially when they are fighting for their freedom or entitlements. However, it is also one of the words that are always misused, resulting in some confusion. People are entitled to different types of rights that vary based on the legality and applicability ( Clayson, 2011) . Therefore, it is necessary to define a right, a legal right, a moral right, and a human right and determine how they are related. 

A right can be defined as an entitlement that belongs to a person because it is morally or socially accepted within the society or a given geographical area ( Clayson, 2011) . A right is sometimes referred to as natural rights because it is an entitlement to something just because a person is a human being. For instance, people can be entitled to get married an own properly because that is their natural rights. The rights are always accepted in any civilized society. 

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Legal rights, on the other hand, are the rights that are accorded to citizens by their respective governments. A legal right can also be derived from a legal system that gives people to act in a given way. Legal rights are entitled to all citizens, whether they know it or not and it cannot be denied by an individual or an entity ( Clayson, 2011) . Legal rights are recognized and can be enforced by a legal system such as the criminal justice system. Every citizen is entitled to a legal right, which is always enshrined in a country’s constitution. 

Human rights, on the other hand, the fundamental rights and freedoms that every person is entitled to for the virtue of being a human being. In many cases, human rights are not legislative rights, but they are inherently acquired by all human beings regardless of their geographical location or socioeconomic backgrounds in the society ( Jones, 2013) . In many cases, it is the United Nations (UN) that oversees and has the responsibility to implement human rights, especially through collaboration with member countries. Human rights may incorporate both legal and natural rights. 

Moral rights are rights that are accorded to human beings based on ethics or moral values ( Jones, 2013) . They are rights that people enjoy because they are perceived to be rational human beings who can make ethical decisions. The rights to fair treatment or privacy are some of the examples of moral rights. However, unlike legal rights, there is no universal agreement on some of the moral rights because they are guided by personal philosophy or ideology. Thus unlike human rights that are entitled to all human beings, moral rights do not always apply to all people. 

The above rights are related because they are all aimed at protecting the rights and freedom of all human beings. They are all used by the government or an organization to safeguard the interests and needs of human beings in various settings. Also, the rights complement one another in case there is a deficit or weakness ( Jones, 2013) . For instance, human rights complement legal rights by addressing human entitlements that are not captured in law. At the same time, human rights, legal rights, and moral rights supplement each other to ensure full protection of human entitlements. 

Question 2 

Three main features define moral rights. The first feature is the assertion that there is a strong correlation between moral rights and duties. Human beings expected to engage in ethical duties. Secondly, moral rights give people with autonomy and quality as they are free to pursue their interests or needs ( Jones, 2013) . Moral rights recognize the fact that human beings equally have the freedom to do what they want. Thirdly, Moral people enable individuals to justify their actions, and they are also allowed to seek protection from other people. The three essential features help in defining moral rights. 

Question 3 

Generally, we know that people have rights when it is written in laws or constitutions. In many cases, legal and human rights are contained in a given legal document and people can read and understand them. However, concerning moral rights, we recognize the rights of other people by comparing them to our rights or entitlement or freedom ( Schaller, 2010) . Therefore, it is not always hard to know that other people have rights that should be respected and protected. 

Utilitarian view focuses on the consequences of an action. Proponents of the utilitarian view argue that people have the moral duty to act in a way that produces the best consequences for a large number of people possible. The view, therefore, is based on the assumption that consequences are the best standards that can be used to measure the action of an individual. Thus, based on the utilitarian view, moral rights should be aimed at producing the best results that benefit many people. People only have the rights to execute actions that can result in positive consequences. The Kantian view, on the other hand, maintains that people are allowed to execute their duties regardless of the consequences ( Schaller, 2010) . According to Immanuel Kant, people have the moral sense to do what is right. Hence, any action that is rational and logical is morally right so long as it can be universally applied in various settings. Kant emphasizes that people have the freedom and autonomy to do what is right. Utilitarian view associate moral right with consequences while Kantian view links it to the universality. 

Question 4 

John Locke (1632-1704) is still recognized as one of the leading English philosophers and the most influential thinkers who shaped the world with his ideologies, especially concerning liberalism. Some people refer to him as the "Father of Liberalism." Locke is remembered as one of the philosophers who helped in defining human rights. He firmly believed that all human beings should be entitled to the natural right to life and own property. Also, any government that cannot guarantee such rights to its citizens loses its legitimization ( Jones, 2013) . As argued by Locke, all human beings should have natural rights to liberty. Humans are rational beings that can reason, think, and make sound decisions based on their interest and needs. Therefore, people should be given the freedom to do what they want so long as they do not infringe on the rights of others. Liberty is important, and it should be accorded to every human being. Besides, the right to own property is a natural right that should be enjoyed by all people. People should be granted rights to have full control of their property without interference from the government or any other entity ( Jones, 2013) . The rights to liberty and own property are natural rights that should be protected by the government. 

References 

Clayson, D. (2011, March 13). Natural vs. legal rights: There is a difference. Retrieved from https://wcfcourier.com/news/opinion/clayson/natural-vs-legal-rights-there-is-a- difference/article_67be7e3e-4c03-11e0-acde-001cc4c002e0.html 

Jones, P. (2013). Moral rights, human rights, and social recognition. Political Studies , 61 (2), 267-281. 

Schaller, W. E. (2010). Kant on the right and moral rights. The Southern Journal of Philosophy , 38 (2), 321-342. 

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StudyBounty. (2023, September 15). The Relationship Between Aright, a Legal Right, a Moral Right, and a Human Right.
https://studybounty.com/the-relationship-between-aright-a-legal-right-a-moral-right-and-a-human-right-essay

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