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For the political trend or ideology, see Right wing.
The following article discusses the notion of rights in matters of philosophy and Law.
At its most fundamental, a right is a claim, on other persons, that is acknowledged and reciprocated among the principals associated with that claim. The most basic of rights is a principle of interaction between people which amounts to the simplest version of the Golden Rule (do unto others as you would have them do unto you). In other words, it is a mutually beneficial agreement between two or more people; each of them agrees to behave in a certain way towards the others so that they will behave in the same way towards him/her.
Other than that, an entity (person or group) can make any sort of claim on other persons, but those claims remain simple assertions until the other persons acknowledge that claim as binding upon them. At that point, the claim becomes a privilege (a one-sided acknowledged claim). If all parties (including the originating claimant) also agree to reciprocate acknowledgement of such a claim, it becomes applicable to all, that is, applicable to everyone in the same sense and at the same time, and thus a right.
On that basis, additional structures (of social interaction) can be erected.
It is not generally considered necessary that a right should be understood by the holder of that right, thus rights may be agreed on behalf of another, such as children's rights or the rights of people declared mentally incompetant to understand their rights. However, rights must be understood by somebody in order to have legal existence, so the understanding of rights is a social prerequisite for the existence of rights. Therefore, educational opportunities within society have a close bearing upon the people's ability to erect adequate rights structures.
In jurisprudence and law, a right is the legal or moral entitlement to do or refrain from doing something or to obtain or refrain from obtaining an action, thing or recognition in civil society. Compare with privilege.
Generally speaking a right corresponds with a complementary obligation that others have on the same object or realm; for instance if someone has a right on a thing, simultaneously another party or parties have an obligation to do something (or to abstain from doing something) in order to respect that right or to give concrete execution to that right. Property rights provide a good example: society recognizes that individuals have title to particular property as defined by the transaction by which they acquired the property granting the individual free use and possession of the property. In many cases, especially regarding ideological and similar rights, the obligation depends on the legal systemA legal system is the mechanism for creating, interpreting and enforcing the laws in a given jurisdiction. The civilian legal system or civil law system is the general typology of legal systems found in most countries. It is an alternative to common law s in its entirety, or on the stateThis article discusses states as sovereign political entities. For other meanings, see state (disambiguation). In international law and international relations, a state is a political entity possessing sovereignty, i. not being subject to any higher polit, or on the generical universality of other subjects submitted to the law.
The right can therefore be a faculty of doing something, of omitting or refusing to do something or of claiming something. Some interpretations express a typical form of right in the faculty of using something, and this is more often related to the right of property. The faculty (in all the above mentioned senses) can be originated by a (generical or specific) law, or by a private contractA contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. The promise or promises may be express (either written or oral) or may be implied from circumstances. Typically, the remedy for br (which is sometimes exactly defined as a specific law between or among volunteer parties).
Other interpretations consider the right as a sort of freedomFreedom is a remarkably imprecise word that can refer to: Political freedom is the absence of political restraints, particularly with respect to speech, religious practice, and the press. not being in prison, not (in particular, no longer) the victim of f of something or as the object of justiceJustice is a concept involving the fair and moral treatment of all persons, especially in law. It is often seen as the continued effort to do what is "right. In most of all cases "right" is determined by either the majority or logic. If a person lives und. One of the definitions of justiceJustice is a concept involving the fair and moral treatment of all persons, especially in law. It is often seen as the continued effort to do what is "right. In most of all cases "right" is determined by either the majority or logic. If a person lives und is in fact the obligation that the legal systemFor the Macintosh operating system, which was called System up to version 7. 5, see Mac OS. A system is an assemblage of inter-related elements comprising a unified whole. From the Latin and Greek, the term "system" meant to combine, to set up, to place t has toward the individual or toward the collectivity to grant respect or execution to his/her/its right, ordinarily with no need of explicit claim.
Aristotle, in the Nicomachean Ethics (book five), claims that there is a large difference between written (generalized) justice and what is actually right for the (specific) individual.(10-3) "But what obscures the matter is that though what is equitable is just, it is not identical with, but a correction of, that which is just according to law."
(10-4) "The reason of this is that every law is laid down in general terms, while there are matters about which it is impossible to speak correctly in general terms. Where, then, it is necessary to speak in general terms, but impossible to do so correctly, the legislator lays down that which holds good for the majority of cases, being quite aware that it does not hold good for all."
"The law, indeed, is none the less correctly laid down because of this defect; for the defect lies not in the law, nor in the lawgiver, but in the nature of the subject-matter, being necessarily involved in the very conditions of human action."
Rights can be divided into individual rights, that are held by citizens as individuals (or corporations) recognised by the legal system, and collective rights, held by an ensemble of citizens or a subgroup of citizens who have a certain characteristic in common. In some cases there can be an amount of tension between individual and collective rights. In other cases, the view of collective and individual rights held by one group can come into sharp and bitter conflict with the view of rights held by another group. For instance compare Manifest destiny with Trail of Tears.
With reference to the object of the right, a common general distinction is among:
See also: human rights, positive rights, negative rights, exclusive rights.
Particular systems can (or could in the past) include special rights like:
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