Natural Rights

Natural Rights Theory

The theory behind natural rights is rooted in natural law theory. Natural law was discussed in ancient Greece and Rome by philosophers like Aristotle and Cicero. It's the idea that the ultimate authority comes from nature.

It was also discussed by the famous philosopher Thomas Aquinas in the Middle Ages. Aquinas argued that because all humans are made by God and have the “spark of the divine,” they should all have intrinsic value and rights. Enlightenment thinkers used the theory of natural law to challenge the idea of the “divine right” of kings to rule.

Natural Rights and John Locke

John Locke is credited with being one of the most influential thinkers when it comes to natural rights. He lived in 17th century England and developed his thoughts about natural rights during the Glorious Revolution. Locke wrote his famous work Two Treatises on Government in 1689. In it, he argued that all people have inalienable rights, including “life, liberty, and property.”

Natural Rights Theory Examples

Some of the most famous examples in US history are the words that Thomas Jefferson wrote in the Declaration of Independence, where he asserted that all men are equal and have the right to “life, liberty, and the pursuit of happiness,” which was inspired by Locke's Two Treatises on Government. He also reflected the thinking of many natural rights philosophers in the preamble to the Declaration, saying:

The original Declaration of Independence, which references the natural rights of "life, liberty, and the pursuit of happiness." Source: Wikimedia Commons

The Right to Preserve Life

This is often viewed as the most fundamental right - the right of humans to live and do what they need to in order to protect their own life. Without life, you have nothing. This right is often extended to the right to defend yourself against someone who is trying to harm you.

The Right to Liberty

Liberty means freedom. The right to liberty asserts that all men have the right to be free, and not to be forced into being a servant or a slave. People should be able to move about freely and think and say what they want to freely, which includes being free from being thrown in jail without cause.

The Right to Own Property

Property was extremely important because for centuries in Europe, only nobles and aristocrats were allowed to own property. Commoners often had to work very hard, but their money often wasn’t going to their own pocket - it was going to the noble who owned the land. Because of this, Locke talked about people having the right to own their own labor, meaning that they should get the benefits of their work and not have to work without proper pay.

By saying that everyone has the right to own property, Locke was basically saying that everyone should be able to have enough money and wealth to make a living on their own. It also means that you can’t just take something that belongs to someone else - you can’t steal their car or their house or what they use for work, whether it’s a horse, a blacksmith forge, or a laptop!

The Right to Make a Living

This one plays off of the right to own property. It basically means that people have the right to make enough money and resources that they are able to live comfortably. In the Declaration of Independence, Thomas Jefferson refers to this as “the pursuit of happiness.”

The Right to Have a Family

At certain times throughout history, governments or rulers have stepped in to decide who should be able to marry and have children and who should not. By contrast, this right shows that everyone should be able to make their own decisions about having a family without the government or rulers getting involved.

The Right to Practice Religion

This right was very important at this time, because there have been many wars and conflicts throughout history on the basis of religion. The right to practice religion means that each person should be able to practice whatever religion they want to without persecution or discrimination.

Civil Rights, Human Rights, and Natural Rights

The natural rights above are the ones that have been debated and generally agreed upon by philosophers of the time. However, there are other kinds of rights too. Remember - the main defining feature of natural rights is that everyone has them, regardless of who they are or their status in the world.

Civil Rights

For example, you may have heard about civil rights. Civil rights are a little different than natural rights because they are given to people by law in the government or society that they live in. So civil rights in one country might look different than civil rights in another country.

It also means that if someone violates your civil rights, then the government will step in to enforce the law and punish the person who violated it.

Natural rights and civil rights often overlap, but the main difference is that "civil rights" speaks to the legal basis and shows that the country's government will step in to enforce the rights.

The Civil Rights movement of the 1960s advocated for equal rights for Black Americans under the law. Source: Wikimedia Commons, CC by 2.0

Human Rights

Human rights are also pretty similar to natural rights with a few distinctions. The idea behind natural rights is that they exist whether governments or rulers acknowledge them or not. However, governments often have to acknowledge human rights in order for people to practice them. Human rights may evolve or change over time, whereas natural rights are supposed to be the same no matter what time period.

Natural Rights in the Constitution

We’ve covered how Thomas Jefferson was inspired by John Locke’s “life, liberty, and property” when he wrote “life, liberty, and the pursuit of happiness” in the Declaration of Independence, but what about the Constitution? Does it provide a legal basis for protecting natural rights in the United States today? The answer is yes, through the Bill of Rights!

The Constitution that was passed in 1787 did not originally spell out these rights. Some of the delegates to the Constitutional Convention were afraid that specifically stating the rights could lead some to believe that unless it was specifically stated in the Constitution, then it didn’t count as a right. For example, if they included rights A, B, C, and D, in the Constitution, then people would assume that rights E and F weren’t covered, which would leave people vulnerable to their rights being violated. They preferred to consider it as universal knowledge that things like free speech and freedom of religion were protected rights.

However, they ultimately decided that these rights DID need to be included in the Constitution. So they decided to draft the Bill of Rights, which included 10 different items that were added to the Constitution as amendments one through ten. Some of the rights were the right to freedom of speech, freedom of religion, freedom of the press, the right to bear arms, the right to a trial by jury, and protection against unlawful search and seizure. For a full list of the Bill of Rights amendments, see our StudySmarter article!

The $5 coin references the equal rights in the Bill of Rights. Source: Wikimedia Commons.