Natural rights and legal rights in the context of "Declaration of the Rights of Man and of the Citizen"

⭐ In the context of the Declaration of the Rights of Man and of the Citizen, natural rights and legal rights are considered to be…

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⭐ Core Definition: Natural rights and legal rights

Some philosophers distinguish two types of rights, natural rights and legal rights.

  • Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights.
  • Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights.

Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to by Saint Paul, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great, his pupil Thomas Aquinas, and Jean Gerson in his 1402 work "De Vita Spirituali Animae." During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government – and thus legal rights – in the form of classical republicanism. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.

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👉 Natural rights and legal rights in the context of Declaration of the Rights of Man and of the Citizen

The Declaration of the Rights of Man and of the Citizen (French: Déclaration des droits de l'Homme et du citoyen de 1789), set by France's National Constituent Assembly in 1789, is a human and civil rights document from the French Revolution; the French title can be translated in the modern era as "Declaration of Human and Civil Rights". Inspired by Enlightenment philosophers, the declaration was a core statement of the values of the French Revolution and had a significant impact on the development of popular conceptions of individual liberty and democracy in Europe and worldwide.

The declaration was initially drafted by Marquis de Lafayette with assistance from Thomas Jefferson, but the majority of the final draft came from Abbé Sieyès. Influenced by the doctrine of natural right, human rights are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law. It is included at the beginning of the constitutions of both the French Fourth Republic (1946) and French Fifth Republic (1958) and is considered valid as constitutional law.

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Natural rights and legal rights in the context of Negative and positive rights

Negative and positive rights are rights that oblige either inaction (negative rights) or action (positive rights). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights.

Negative rights may include civil and political rights such as freedom of speech, life, private property, freedom from violent crime, protection against being defrauded, freedom of religion, habeas corpus, a fair trial, and the right not to be enslaved by another.

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Natural rights and legal rights in the context of Life, liberty and property

"Life, Liberty and the pursuit of Happiness" is a well-known phrase from the United States Declaration of Independence. The phrase gives three examples of the unalienable rights which the Declaration says have been given to all humans by their creator, and which governments are created to protect. Like the other principles in the Declaration of Independence, this phrase is not legally binding, but has been widely referenced and seen as an inspiration for the basis of government.

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Natural rights and legal rights in the context of Right to arms

The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as hunting and sporting activities. Countries that guarantee a right to keep and bear arms include Albania, the Czech Republic, Guatemala, Mexico, Switzerland, the United States and Yemen.

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Natural rights and legal rights in the context of Republicanism in the United States

The values and ideals of republicanism are foundational in the constitution and history of the United States. As the United States constitution prohibits granting titles of nobility, republicanism in this context does not refer to a political movement to abolish such a social class, as it does in countries such as the United Kingdom, Australia, and the Netherlands. Instead, it refers to the core values that citizenry in a republic have, or ought to have.

Political scientists and historians have described these central values as liberty and inalienable individual rights; recognizing the sovereignty of the people as the source of all authority in law; rejecting monarchy, aristocracy, and hereditary political power; virtue and faithfulness in the performance of civic duties; and vilification of corruption. These values are based on those of Ancient Greco-Roman, Renaissance, and English models and ideas. Articulated in the writings of the Founding Fathers (particularly Thomas Jefferson, James Madison, and John Adams), they formed the intellectual basis for the American Revolution – the Declaration of Independence (1776), the Constitution (1787), and the Bill of Rights (1791), as well as the Gettysburg Address (1863).

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Natural rights and legal rights in the context of Tangible property

In law, tangible property is property that can be touched, and includes both real property and personal property (or moveable property), and stands in distinction to intangible property.

In English law and some Commonwealth legal systems, items of tangible property are referred to as choses in possession (or a chose in possession in the singular). However, some property, despite being physical in nature, is classified in many legal systems as intangible property rather than tangible property because the rights associated with the physical item are of far greater significance than the physical properties. Principally, these are documentary intangibles. For example, a promissory note is a piece of paper that can be touched, but the real significance is not the physical paper, but the legal rights which the paper confers, and hence the promissory note is defined by the legal debt rather than the physical attributes.

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Natural rights and legal rights in the context of History of the United States

The land which became the United States was inhabited by Native Americans for tens of thousands of years; their descendants include but may not be limited to 574 federally recognized tribes. The history of the present-day United States began in 1607 with the establishment of Jamestown in modern-day Virginia by settlers who arrived from the Kingdom of England, and the landing of the Mayflower by English pilgrims to Plymouth in 1620. In the late 15th century, European colonization began and largely decimated Indigenous societies through wars and epidemics. By the 1760s, the Thirteen Colonies, then part of British America and the Kingdom of Great Britain, were established. The Southern Colonies built an agricultural system on slave labor and enslaving millions from Africa. After the British victory over the Kingdom of France in the French and Indian Wars, Parliament imposed a series of taxes and issued the Intolerable Acts on the colonies in 1773, which were designed to end self-governance. Tensions between the colonies and British authorities subsequently intensified, leading to the Revolutionary War, which commenced with the Battles of Lexington and Concord on April 19, 1775. In June 1775, the Second Continental Congress established the Continental Army and unanimously selected George Washington as its commander-in-chief. The following year, on July 4, 1776, the Second Continental Congress unanimously declared its independence, issuing the Declaration of Independence. On September 3, 1783, in the Treaty of Paris, the British acknowledged the independence and sovereignty of the Thirteen Colonies, leading to the establishment of the United States. On September 17, 1787, the U.S. Constitution was signed by a majority of delegates, and was later ratified by the Thirteen Colonies, leading to the first modern U.S. government.

In the 1788-89 presidential election, Washington was elected the nation's first U.S. president. Along with his Treasury Secretary, Alexander Hamilton, Washington sought to create a relatively stronger central government than that favored by other founders, including Thomas Jefferson and James Madison. On March 4, 1789, the new nation debated, adopted, and ratified the U.S. Constitution, which is now the oldest and longest-standing written and codified national constitution in the world. In 1791, a Bill of Rights was added to guarantee inalienable rights. In 1803, Jefferson, then serving as the nation's third president, negotiated the Louisiana Purchase, which doubled the size of the country. Encouraged by available, inexpensive land, and the notion of manifest destiny, the country underwent westward expansion in a project of settler colonialism marked by a series of conflicts with the continent's indigenous inhabitants. The most notable advocate of manifest destiny was President James K. Polk, who annexed Texas in 1845, and declared war on Mexico the next year. An overwhelming U.S. victory in the Mexican-American War led to the Treaty of Guadalupe Hidalgo in 1848, where the U.S. acquired much of the American Southwest from Mexico. Whether or not slavery should be legal in the expanded territories was an issue of national contention, and led to increasing tensions over slavery.

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Natural rights and legal rights in the context of Lysander Spooner

Lysander Spooner (January 19, 1808 – May 14, 1887) was an American abolitionist, entrepreneur, lawyer, essayist, natural rights legal theorist, pamphleteer, political philosopher, and writer often associated with the Boston anarchist tradition.

Spooner was a strong advocate of the labor movement and is politically identified with individualist anarchism. His writings contributed to the development of both left-libertarian and right-libertarian political theory. Spooner's writings include the abolitionist book The Unconstitutionality of Slavery and No Treason: The Constitution of No Authority, which opposed treason charges against secessionists.

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