The Critical Analysis of Natural Rights Theory
![handle is hein.journals/ijlmhs6 and id is 1542 raw text is: International Journal of Law Management & Humanities
The Critical Analysis of Natural Rights Theory
ARUNDATHI. I AND SONALI AWASTHI2
ABSTRACT
The natural rights theory depends on the assumption that there are certain basic rights that
are provided to a human being by nature. Various philosophers have justified slavery by
considering it as a condition given by the nature or provided by the divine law. It was
believed by the philosophers that it is provided by nature that some people are slaves.
Slaves derive their rights from the nature and were born as slaves under certain
circumstance whereas non-slaves also derive their rights from nature and were therefore
born to rule, they have the right to make use of slaves, control and own them accordingly.
The critiques of natural rights theory are of the view that slavery cannot be justified by
natural law or natural rights. As slavery is the act which is unethical and morally incorrect.
This research paper is based on the doctrinal and qualitative research methodology. The
sources of data collected for this particular research on natural rights theory has been
done by secondary sources. For this particular research the researcher depends on the
secondary data from various sources such as articles, books related to philosophy,
bibliographic reviews, philosophical and ethical journals, online research and various
other secondary documents are used for a theoretical subject matter. This research work
will help the readers to look into both positive and negative sides of the natural rights
theory. The readers can trace back to the origin of the natural rights and its development.
The views and thoughts of various scholars related to natural rights theory has been given
in this paper. The deep analysis of the doctrine of natural rights theory has been done in
this project.
I. INTRODUCTION
Natural rights theory is a political theory that states that an individual has certain inseparable
rights from before even entering into a society, these rights are known as natural rights. Natural
rights cannot be denied by any government. The idea of the natural rights is correlated with the
doctrine that even though all human beings have certain differences that are extrinsic in nature
such as caste, religion, race, gender, nationality etc but they have identical and common set of
freedom, powers and competencies. The political scholars have given importance to natural
rights theory and treated as hallmark of political and modern legal thought. The modern idea
1 Author is a student at Symbiosis Law School, Hyderabad, India.
2 Author is a student at Symbiosis Law School, Hyderabad, India.
© 2020. International Journal of Law Management & Humanities [ISSN 2581-5369]
1557
[Vol. 3 Iss 4; 1557]](ViewImageLocal?handle=hein.journals/ijlmhs6&div=150&collection=&method=preview&ext=.png&size=3)
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The Critical Analysis of Natural Rights Theory
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