Critical evaluation

The theory of natural rights presents claims for rights based on the grounds, which are prior to recognition by the State or civil society. These rights are treated as eternal, permanent, inherent, inalienable, imprescriptible and immutable. However, it has been argued that the natural right to property has been historically unavailable and is relevant in a capitalist-market context. As such, it cannot be a natural right rather related to a particular context of capitalist relations. It is also argued that properly speaking, ‘rights are socially and historically constituted’, to quote Walton’s phrase. It can also be argued that theory of natural rights admit rights in the civil society on the basis of a contract which is hypothetical. In fact, both state of nature and social contract are hypothetical and not based on historical basis. In short, we can say that natural rights theory advocates rights on non-social basis and admits conception of individual as atomistic and self-contained. It does not admit recognition of society or state as significant for rights to exist. We have seen above, Bentham does not admit possibility of natural rights, and so would many, who consider recognition and prescription by the state or sovereign as the basis of rights.

However, significance and influence of the theory of natural rights should not be discounted. Firstly, not only that it provides ground for liberal–capitalist order, it also provides basis for a democratic political set-up and various principles associated with it. Principles such as limited government and that too as trust of the people to secure the natural rights; right to resist and revolt against the government if these rights are violated; non-interference by the State in the economic activities of individuals, etc. are significant in this regard. Secondly, doctrine of natural rights is said to have inspired the English Revolution (1688) and became the basis of declarations of rights of man in post-revolutionary contexts in the eighteenth century of which the American Declaration of Independence (1776) and the French Declaration of Man and Citizen (1989) are important. They were significantly influenced by the theory of natural rights as obvious from the wording and claim of ‘inalienable’, ‘natural and imprescriptible rights of man’ appearing in the declarations. The UN Universal Declaration of Human Rights (1948) is also influenced by this and treats rights as inalienable. However, it takes rights as inherent in the dignity of human beings, which covers both teleological and human rights grounds. Thirdly, contemporary constitutions in many countries declare charter or bill of rights. For example, Constitution of India has included charter of rights in the form of fundamental rights, which provide for right to life, liberty and property, though right to property now remains only a constitutional right. Fourthly, concept of natural rights has provided ground for human rights arguments as well. Human rights claims have been argued for enactment and provision of legal rights. We can also say that corpus of legal rights invariably either reflects the claims made in the form of natural rights or the emerging claims of human rights.