Legal Right
A Legal Right is a right recognized by legal systems enabling right holders to take specific legal actions (protected through legal systems via enforcement mechanisms).
- AKA: Legal Permission.
- Context:
- It can range from being a Fundamental Legal Right to being a Derivative Legal Right, based on right origin.
- It can range from being a Private Legal Right to being a Public Legal Right, based on right scope.
- It can range from being a Substantive Legal Right to being a Procedural Legal Right, based on right nature.
- It can range from being a Personal Legal Right to being a Property Legal Right, based on right subject.
- It can range from being a Direct Legal Right to being an Indirect Legal Right, based on enforcement path.
- It can range from being a Simple Legal Right to being a Complex Legal Right, based on right complexity.
- It can range from being a Self-Enforced Legal Right to being an Externally Enforced Legal Right, based on enforcement mechanism.
- It can range from being a Temporary Legal Right to being a Permanent Legal Right, based on temporal scope.
- ...
- It can be referenced by a Legal Right Issue (referenced by a Legal Right Issue-Spotting Rule).
- It can involve various Legal Right Types such as:
- Constitutional Rights establishing fundamental protections
- Statutory Rights deriving from legislative acts
- Common Law Rights emerging from judicial decisions
- Property Rights enabling exclusive control over assets
- It can manifest in Legal Phases through:
- Creation Phases during right establishment
- Exercise Phases during right implementation
- Protection Phases during right enforcement
- Transfer Phases during right conveyance
- It can require Legal Controls such as:
- ...
- Example(s):
- Basic Legal Rights, such as:
- Transfer Legal Rights, such as:
- Protective Legal Rights, such as:
- ...
- Freedom of Speech.
- Right to a Fair Trial.
- Property Ownership.
- ...
- Counter-Example(s):
- Legal Obligation.
- Arbitrary Deprivation.
- Unlawful Seizure.
- Natural Right.
- Moral Rights without legal recognition
- Social Norms without legal status
- Customs lacking legal force
- Privileges without legal protection
- Interests without legal standing
- See: Right, Law, Legal System, Legal Protection, Right Enforcement, Legal Action, Legal Status, Legal System, Alienation (Property Law), Natural Law, Property Right, Transfer Right, Right Allocation, Property Control.
References
2014
- (Wikipedia, 2014) ⇒ http://en.wikipedia.org/wiki/Natural_and_legal_rights Retrieved:2014-7-2.
- Natural and legal rights are two types of rights. Legal rights are those bestowed onto a person by a given legal system. Natural rights are those not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable (i.e., cannot be sold, transferred, or removed).
The theory of natural law is closely related to the theory of natural rights. During the Age of Enlightenment, natural law theory challenged 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. [1] [2] The idea of human rights is also closely related to that of natural rights: some acknowledge no difference between the two, regarding them as synonymous, while others choose to keep the terms separate to eliminate association with some features traditionally associated with natural rights. [3] Natural rights, in particular, are considered beyond the authority of any government or international body to dismiss. The Universal Declaration of Human Rights is an important legal instrument enshrining one conception of natural rights into international soft law. Natural rights were traditionally viewed as exclusively negative rights, [4] whereas human rights also comprise positive rights. [5] Even on a natural rights conception of human rights, the two terms may not be synonymous. The proposition that animals have natural rights is one that has gained the interest of philosophers and legal scholars in the 20th century. [6]
The legal philosophy known as Declarationism seeks to incorporate the natural rights philosophy of the United States Declaration of Independence into the body of American case law on a level with the United States Constitution.
- Natural and legal rights are two types of rights. Legal rights are those bestowed onto a person by a given legal system. Natural rights are those not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable (i.e., cannot be sold, transferred, or removed).
- ↑ Murray Rothbard, The Ethics of Liberty
- ↑ Murray Rothbard, For a New Liberty
- ↑ Jones, Peter. Rights. Palgrave Macmillan, 1994, p. 73.
- ↑ For example, the imperative "not to harm others" is said to be justified by natural law, but the same is not true when it comes to providing protection against harm
- ↑ See James Nickel, Human Rights, 2010. The claim that "..all human rights are negative rights.." is rejected, therefore human rights also comprise positive rights.
- ↑ "Animal Rights", Encyclopædia Britannica, 2007; Dershowitz, Alan. Rights from Wrongs: A Secular Theory of the Origins of Rights, 2004, pp. 198–99; "Animal Rights: The Modern Animal Rights Movement", Encyclopaedia Britannica, 2007.