Theories of Human Rights

There are several theories of human rights on the basis of its conceptual grounds.

1.Theory of natural rights

2.Theory of social rights

3.Theory of legal rights

4.Theory of historical rights

5.Theory of economic rights

Theory of natural rights

This theory argued that when individual enters into society with certain basic rights, no government can deny these rights. The natural rights derived on the basis of natural law that peoples are the creation of nature. Thus, it is believed that human being lives and organizes their society on the basis of rules and principles laid down by nature. This theory is specially argued by John Locke who argued that all individuals were gifted by nature with the inherent right to life, liberty and property of their own and could not be removed by state. His view – autonomy of individual and legitimacy of government. 

Jean Jacques Rousseau attempts to settle the natural rights of the individual with the need for social unity and cooperation through the idea of the social contract. Rousseau declared that natural law conferred inalienable sovereignty on the citizens of the state as a whole. Positivists strongly oppose this theory because they gave importance to society not for individual rights.

Theory of social rights

The theory of social rights states that rights are the social condition. Bentham and J.S. Mill are great supporters of this theory who strongly argued about maximum utility resource and freedom of human activities. According to this theory, right is the creation of society, law, customs, traditions, and create to what is socially useful or desirable. Thus, Bentham (Utilitarianist) and Mill (Freedom Lover) established the principle of greatest happiness of the greatest numbers and made it for the measure of utility, while they also argued on the concept of utility which should be determined by consideration of reason and experiences. Prof. Laski accepts utility as the basis of rights. According to him, the test of right is utility and the utility of a right is its value to all the members of the state. Right is not independent from society but inherent in it. This theory appeals for the sense of justice and reason.

Theory of legal rights

This theory believes that rights are created and maintained by the state; and state is only sources of rights. According to this theory, no individual can claim any right against state, because state possesses supreme powers and nobody can challenge against the state powers in term of creating and managing rights. One of the main exponents of this theory is John Austin who advocated positivist theory of law, but this theory has been criticized by the political pluralists, because they believe that state cannot create any rights, but can only manage and recognize them. 

Furthermore, this theory has been criticized from multiple corners. Major critic is that this theory did not give adequate basis for creating rights. In addition, this theory does not provide a basis to know what right ought to be ensured.

Theory of historical rights

Theory of historical rights argued that rights are the product of history and originate in its customs; which passed from generation to generation.This theory believes that right has been developed as evolutionary process and history made great contribution in this process. While rights of human being were followed by human society as unbroken custom since time immemorial and the generations have habitually followed them, they were established as rights in human society. 

Bruke argued that the French Revolution was based on the abstract rights of man to establish a set of values – liberty, equality and fraternity; whereas the Glorious Revolution of England was based on the customary rights of the people of that country; which also acknowledged the value expressed in Magna Carta, Petition of Rights and various other documents of constitutional importance. 

It is noted that many of our rights are really originated in our primitive customs.

Theory of economic rights

This theory of rights explains rights from Marxist perspective by rejecting other theory of rights. According to Marxist concept, the state is powerful agency to impose its rules and uphold the state organization and law to preserve and safeguard the interests of the dominant groups in the society. Karl Marx himself explained that political, social, religious and other social institutions are determined by economic components, which is especially the mode of production leading to the rise of two opposite classes – the exploiters and exploited who have antagonist relations. 

Prof. Laski agrees with Marx's ideas on economic theory of rights that by the way of economic power is distributed at any given time and place which will shape the character of legal duties to be imposed on that time and place. The economically powerful group in society dominates controls and regulates over the government machinery and occupies all the key positions of powers.