Natural right in the context of "Liberalism"

⭐ In the context of Liberalism, natural rights are considered…

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⭐ Core Definition: Natural right

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or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights).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  • Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).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 right in the context of Liberalism

Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law. Liberals espouse various and sometimes conflicting views depending on their understanding of these principles but generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.

Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity among Western philosophers and economists. Liberalism sought to replace the norms of hereditary privilege, state religion, absolute monarchy, the divine right of kings and traditional conservatism with representative democracy, rule of law, and equality under the law. Liberals also ended mercantilist policies, royal monopolies, and other trade barriers, instead promoting free trade and marketization. The philosopher John Locke is often credited with founding liberalism as a distinct tradition based on the social contract, arguing that each man has a natural right to life, liberty and property, and governments must not violate these rights. While the British liberal tradition emphasized expanding democracy, French liberalism emphasized rejecting authoritarianism and is linked to nation-building.

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Natural right in the context of Laissez-faire

Laissez-faire (/ˌlɛsˈfɛər/ LESS-ay-FAIR, from French: laissez faire [lɛse fɛːʁ] , lit.'let do') is a type of economic system in which transactions between private individuals are free from any form of economic interventionism (such as subsidies or regulations). As a system of thought, laissez-faire rests on the following axioms: "the individual is the basic unit in society, i.e., the standard of measurement in social calculus; the individual has a natural right to freedom; and the physical order of nature is a harmonious and self-regulating system." The original phrase was laissez faire, laissez passer, with the second part meaning "let (things) pass". It is generally attributed to Vincent de Gournay.

Another basic principle of laissez-faire holds that markets should naturally be competitive, a rule that the early advocates of laissez-faire always emphasized.

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Natural right in the context of State of nature

In ethics, political philosophy, social contract theory, religion, and international law, the term state of nature describes the way of life that existed before humans organised themselves into societies or civilisations. Philosophers of the state of nature theory propose that there was a historical period before societies existed, and seek answers to the questions: "What was life like before civil society?", "How did government emerge from such a primitive start?", and "What are the reasons for entering a state of society by establishing a nation-state?".

In some versions of social contract theory, there are freedoms, but no rights in the state of nature; and, by way of the social contract, people create societal rights and obligations. In other versions of social contract theory, society imposes restrictions (law, custom, tradition, etc.) that limit the natural rights of a person. Societies existing before the political state are investigated and studied as Mesolithic history, as archaeology, and as cultural anthropology, as social anthropology, and as ethnology to determine the particulars of the indigenous society's social structures and power structures.

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Natural right in the context of Indigenous territory (Brazil)

In Brazil, an Indigenous territory or Indigenous land (Portuguese: Terra Indígena [ˈtɛʁɐ ĩˈdʒiʒẽnɐ], TI) is an area inhabited and exclusively possessed by Indigenous people. Article 231 of the Brazilian Constitution recognises the inalienable right of Indigenous peoples to lands they "traditionally occupy" and automatically confers them permanent possession of these lands.

A multi-stage demarcation process is required for a TI to gain full legal protection, and this has often entailed protracted legal battles. Even after demarcation, TIs are frequently subject to illegal invasions by settlers and mining and logging companies.

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Natural right in the context of John Lilburne

John Lilburne (c. 1614 – 29 August 1657), also known as Freeborn John, was an English political Leveller before, during and after the English Civil Wars 1642–1650. He coined the term "freeborn rights", defining them as rights with which every human being is born, as opposed to rights bestowed by government or human law. In his early life he was a Puritan, though towards the end of his life he became a Quaker. His works have been cited in opinions by the United States Supreme Court.

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