Today, we continue to study the criticisms presented against the theory of natural rights.

As a reminder, in the previous weeks the history behind the establishment of human right laws in the contemporary world was discussed. Throughout the course of history, mankind has always demanded his human rights, to attain human dignity and honor. After the termination of World War II and establishment of the United Nations, a large volume of human rights rules and regulations was introduced to the international community, given the relentless efforts of the United Nations in this domain. The process of internationalization of human rights was carried out upon the approval of the binding UN Charter, ratification of the Universal Declaration of Human Rights, the International Convention of Civil and Political Rights, International Convention of Economic, Social, and Cultural Rights, and a variety of different treaties which were accepted by governments in the global and regional realms.

It is noteworthy that human rights are a deep-rooted concept which is embedded in human and religious thoughts and is supported by a range of philosophical and ideological schools of thought. In other words, there are ethical and insightful justifications for the concept of human rights. The Western philosophers opine that the philosophy behind the preparation of human rights is mainly rooted in natural rights. In the religious outlook, God has bestowed human rights to mankind based on man’s innate nature. Given that in the view of sacred religion of Islam human’s innate nature is in line with human rights, today we intend to elaborate on natural rights in the West and the views of prominent Western thinkers in this regard.

Human rights are those rights which humans are entitled to, irrespective of their human nature, social conditions, and personal qualifications, and no community or government can refute these rights.

Now, the question which springs into mind is that what rights are embedded in human nature, and who specifies these rights? Moreover, can humans be considered entitled to a series of rights, independent from the community which they belong to, and independent from the social, cultural, and economic conditions of their place of residence? Additionally, what grants a certain number of rights an all-encompassing, ethical, and important nature, and who makes decisions in this arena?

Meanwhile, none of these ambiguities justify casting doubts on a series of rights which are essential for any human being. The fact of the matter is that the answer to all of these questions is tied to the philosophical foundations and principles which justify the existence of human rights. Countless thinkers believe that the contemporary human rights are rooted in the theory of natural rights.

The theory of natural rights maintains an age-old background. Natural rights have maintained a diverse range of definitions. However, irrespective of different interpretations and teachings, what has remained constant is the ideology which points out there are ethical principles which are tied to the nature of creation and can be discovered with wisdom.

The roots of natural rights should be sought in all nations and ethnicities. However, one usually considers Greeks, first. Greeks formed and shaped many fundamental concepts; one of which is natural rights. In ancient Greece, the common view was that in any given state-city there are a series of unwritten, unchangeable, and fundamental laws, which should not be violated.

Upon the downward spiral of state-cities and emergence of vast empires and kingdoms in Greece, coupled with the conquests of Alexander, the natural rights came into existence. The followers of Stoicism play an especial role in this scene. According to them, when mankind lives based on wisdom, he will maintain a natural life.

Meanwhile, this Greek idea influences the Roman ideology. The best representative of this ideology is the Roman preacher, Cicero. He is the first natural rights thinker which considers opposition to laws which breach natural rights, as a must.

In the medieval times, the theology of Catholic Church highly impacted the views of philosophers and thinkers. In this period of time, Thomas Aquinas, upon combination of Aristotelian philosophy and Catholic beliefs proved the existence of a hierarchy of laws which ultimately originate from God. He divides these laws into four groups. The Lex Aeterna is a law which is only known by God, and is comprised of a divine plan for creation. Hence, it is necessary because mankind needs guidance for fulfillment of his goal, which is eternal prosperity. The next group of laws is the divine laws, which have been illustrated in holy books. Then, there exist the natural laws which are the same for all humans, because all human beings maintain wisdom. Aquinas considers acting based on prudence as the natural inclination of mankind, but accepts that this tendency can be derailed due to a number of habits, traditions, or behavioral patterns. Meanwhile, there are a string of principles which are common everywhere. For instance, a primary, common principle is that mankind should carry out good deeds and should avoid misdeeds. However, the secondary principles which originate from the primary principles can change based on changes in human conditions and wisdom. He also points out that the 4th group of laws is human laws. These laws can be just or unjust. For a human law to be just it should be virtuous, essential, transparent, and beneficial for all. Now if human laws are unjust and against divine resolve, such as laws related to polytheism and idolatry, mankind should not comply with such laws.

In the Age of Renaissance, non-religious ideas were highlighted. The change in the theory of natural rights in this age was to consider these rights independent from the divine laws.

According to Grotius, one of the natural characteristic traits of mankind is his social inclination, which encourages him to develop a life coupled with peace, and coordination with others. He stated that whatever matches the innate nature of mankind is right and just, and whatever destructs this social harmony is unjust.

The scientific achievements of 17th Century AD led to a rising reliance upon human wisdom. Meanwhile, John Locke can be considered as the most important theorist of natural rights, while naming the most significant of these rights as the right to existence, freedom, and ownership. In his belief, humans maintained these rights prior to their entry to civil societies.

In late 18th Century AD, the theory of natural rights was the philosophical backbone of the wave of revolutions against despotism. In the 19th and 20th Centuries, attacks against natural rights increased.

MR/ME