The nature of rights is variously explained by different writers. The most important theories are as follows:
Theory of Natural Rights
The doctrine of natural rights was an essential part of the theory of Social Contract. According to its theorists, individuals enjoyed certain rights in the pre-political existence, which they called the “State of nature” They are called natural rights, because man enjoyed them in this pre¬political natural condition. They are independent of and prior to the State. They do not, therefore, depend for their validity upon the recognition and enforcement of the State.
Man is born with them and these are inhering in him. “They are as much a part of his nature as the colour of his skin and the power of locomotion”. They are, therefore, inalienable or inseparable from man. The State cannot deprive any one of his natural rights, because they «re inalienable. Indeed, the State was established by the social contract only for their preservation and guarantee. Nevertheless, the social contract writers do not agree among themselves as to what the natural rights are and how they are ensured by the State.
Locke’s theory of natural rights had a great influence on lubsequent history of political thought. It has inspired several Declarations or Bills of Rights in France and America and the modem theory of Fundamental Rights, and also led to the rise of the modem individualism. For example, the French Declaration, of the Rights of Man proclaims in its preamble: The representatives of the people of France, considering that Ignorance, neglect, or contempt of human rights are the sole causes of public misfortunes and corruptions of government, have resolved to set forth these natural, imprescriptible and inalienable rights.”
The American Declaration of Independence said that men “are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness,” After the French Revolution, the old theory of natural rights was more and more discarded by the writers. It was found to be defective in several respects. The English Utilitarians were its greatest critics. For instance, Bentham contemptuously declared that the natural rights are “nonsense upon stilts,* and that natural law is a mere fiction.
Criticism
The old theory of natural rights has been criticised and rejected on the following grounds:
The term, ‘nature’ is confusing and vague. Does nature means the nature of man or the nature of the world? Does it mean the static or the dynamic aspect of nature? Writers differ about the meanings of natural rights and natural law as they differ about the meaning of nature. For instance Hobbes believed that natural rights arise from the nature of man which is selfish and aggressive. Hence in society or State, there can be no natural rights because it is created to curb the selfish and aggressive propensities of human nature. Locke, on the other hand, believed that natural rights of the individual arise from the very nature of things; they inhere in the enjoyment of life, liberty and property.
Rights are not prior to society and State. The basic weakness of the theory of natural rights is the claim that rights existed independently of and prior to the society and State. A solitary individual has not right but power. Similarly, an individual who is living among others and yet does something even without their tacit consent or approval uses his might but not fight. It is the State which creates those conditions and opportunities in which an individual can exercise his powers to act and develop his self and personality. Such conditions and opportunities exist only in society. Hence there were no rights before society and State. Moreover, the State alone can guarantee rights by protecting them and enforcing the duties corresponding to them. Rights are empty claims if they are not recognised and enforced by the State.
The theory of natural rights implies the existence of natural liberty, which is untenable. Natural right means natural power or the unlimited freedom to do as one likes. But natural liberty or unlimited freedom is impossible in society. It is a social as well as a political impossibility. Freedom of every individual is limited by the equal rights of others and by the common good of the society and the State.
Merit
Despite its defects, the theory of natural rights has one merit. It emphasises the fact that there are certain rights which man must enjoy because the full and free development of human personality. Modern writers have interpreted this theory in this sense.