This document discusses different types of rights including natural rights, moral rights, legal rights, and contractual rights. It defines natural rights as those inherent to human nature that people are believed to possess prior to entering into society. Moral rights are based on human conscience rather than law. Legal rights are enforced by the state and courts and include civil, political, and economic rights. Contractual rights originate from promises made between individuals in contractual agreements. The document contrasts moral/human rights, which are justified independently of law, with legal rights, which are established by legislation.
This document discusses different types of rights including natural rights, moral rights, legal rights, and contractual rights. It defines natural rights as those inherent to human nature that people are believed to possess prior to entering into society. Moral rights are based on human conscience rather than law. Legal rights are enforced by the state and courts and include civil, political, and economic rights. Contractual rights originate from promises made between individuals in contractual agreements. The document contrasts moral/human rights, which are justified independently of law, with legal rights, which are established by legislation.
This document discusses different types of rights including natural rights, moral rights, legal rights, and contractual rights. It defines natural rights as those inherent to human nature that people are believed to possess prior to entering into society. Moral rights are based on human conscience rather than law. Legal rights are enforced by the state and courts and include civil, political, and economic rights. Contractual rights originate from promises made between individuals in contractual agreements. The document contrasts moral/human rights, which are justified independently of law, with legal rights, which are established by legislation.
This document discusses different types of rights including natural rights, moral rights, legal rights, and contractual rights. It defines natural rights as those inherent to human nature that people are believed to possess prior to entering into society. Moral rights are based on human conscience rather than law. Legal rights are enforced by the state and courts and include civil, political, and economic rights. Contractual rights originate from promises made between individuals in contractual agreements. The document contrasts moral/human rights, which are justified independently of law, with legal rights, which are established by legislation.
Explain the different legal rights given to each individual.
A right is described as an entitlement or justified claim to a certain kind of positive
and negative treatment from others, to support from others or non-interference from others. In other words, a right is something to which every individual in the community is morally permitted, and for which that community is entitled to disrespect or compulsorily remove anything that stands in the way of even a single individual getting it.
Rights belong to individuals, and no organization has any rights not directly derived from those of its members as individuals; and, just as an individual's rights cannot extend to where they will intrude on another individual's rights, similarly the rights of any organization whatever must yield to those of a single individual, whether inside or outside the organization. Rights are those important conditions of social life without which no person can generally realize his best self. These are the essential conditions for health of both the individual and his society. It is only when people get and enjoy rights that they can develop their personalities and contributes their best services to the society.
1 Types of Rights:
1. Natural Rights:
Many researchers have faith in
natural rights. They stated that people inherit several rights from nature. Before they came to live in society and state, they used to live in a state of nature. In it, they appreciated certain natural rights, like the right to life, right to liberty and right to property. Natural rights are parts of human nature and reason. Political theory maintains that an individual enters into society with certain basic rights and that no government can deny these rights.
In classical political philosophy “natural
right” denotes to the objective rightness of the right things, whether the virtue of a soul, the correctness of an action, or the excellence of a regime. Aristotle stated in Politics (1323a29-33) that no one would call a man happy who was completely lacking in courage, temperance, justice, or wisdom. A man who was easily terrified, unable to restrain any impulse toward food or drink, willing to ruin his friends for a trifle, and generally senseless could not possibly lead a good life. Even though chance may occasionally prevent good actions from having their normal consequences, so that sometimes cowards fare better than brave men, courage is still objectively better than cowardice. The virtues and actions that contribute to the good life, and the activities intrinsic to the good life, are naturally right.
2 The modern idea of natural rights grew out of the ancient and medieval doctrines of natural law, but for other scholars, the concept of natural rights is unreal. Rights are the products of social living. These can be used only in a society. Rights have behind them the recognition of society as common claims for development, and that is why the state protects these rights. John Locke (1632–1704), the most influential political philosophers of the modern period, argued that people have rights, such as the right to life, liberty, and property that have a foundation independent of the laws of any particular society. Locke claimed that men are naturally free and equal as part of the justification for understanding legitimate political government as the result of a social contract where people in the state of nature conditionally transfer some of their rights to the government in order to better ensure the stable, comfortable enjoyment of their lives, liberty, and property. Since governments exist by the consent of the people in order to protect the rights of the people and promote the public good, governments that fail to do so can be resisted and replaced with new governments.
2. Moral Rights:
Moral Rights are based on human consciousness. They are supported by moral force of human mind. These are based on human sense of goodness and justice. These are not assisted by the force of law. Sense of goodness and public opinion are the sanctions behind moral rights.
If any person disrupts any moral right, no legal action can be taken against him. The state does not enforce these rights. Its courts do not recognize these rights. Moral Rights include rules of good conduct, courtesy and of moral behaviour. These stand for moral perfection of the people.
Moral rights were first acknowledged in France and Germany, before they were included in the Berne Convention for the Protection of Literary and Artistic Works in 1928. Canada recognized moral rights in its Copyright Act. The United States became a signatory to the convention in 1989, and incorporated a version of moral rights under its copyright law under Title 17 of the U.S. Code. There are two major moral rights under the U.S. Copyright 3 Act. These are the right of attribution, also called the right of paternity and the right of integrity.
Legal Rights:
Legal rights are those rights which are
accepted and enforced by the state. Any defilement of any legal right is punished by law. Law courts of the state enforce legal rights. These rights can be enforced against individuals and also against the government. In this way, legal rights are different from moral rights. Legal rights are equally available to all the citizens. All citizens follow legal rights without any discrimination. They can go to the courts for getting their legal rights enforced.
Legal Rights are of three types:
1. Civil Rights:
Civil rights are those rights which provide opportunity to each person to lead a civilized social life. These fulfil basic needs of human life in society. Right to life, liberty and equality are civil rights. Civil rights are protected by the state.
2. Political Rights:
Political rights are those rights by virtue of which inhabitants get a share in the political process. These allow them to take an active part in the political process. These rights include right to vote, right to get elected, right to hold public office and right to criticise and oppose the government. Political rights are really available to the people in a democratic state.
3. Economic Rights:
4 Economic rights are those rights which provide economic security to the people. These empower all citizens to make proper use of their civil and political rights. The basic needs of every person are related to his food, clothing, shelter, and medical treatment. Without the fulfilment of these no person can really enjoy his civil and political rights. It is therefore essential, that every person must get the right to work, right to adequate wages, right to leisure and rest, and right to social security in case of illness, physical disability and old age.
Human and Legal Rights:
There is some difference between moral or human rights and legal rights. Legal rights require for their justification an existing system of law. Legal rights are, roughly, what the law says they are, at least insofar as the law is enforced. Legal rights gain their force first of all through legislation or decree by a legally authorized authority. Those who support adoption of laws establishing legal rights often appeal to a notion of human rights. Laws against theft might appeal to notions of a moral right to own property. But human or moral rights must gain their validity through some other source other than legal rights, since people can appeal to human or moral rights to criticize the law or advocate changes in the law (or legal rights), and people could not do this if moral rights were based upon the law.
Contractual Rights:
Contractual rights originated from the practice of promise-keeping. They apply to
particular individuals to whom contractual promises have been made. Contractual rights ascend from specific acts of contract making. They normally come into being when the contract is made, and they reflect the contractual duty that another party has acquired at the same time. As a result of a contract, party A has a contractual duty, say, to deliver some good or service to party B, who has a contractual right to the good or service. Contractual rights may be upheld by the law, and in that sense can rest upon legal rights, but it is possible to conceive of contracts made outside of a legal framework and to rest purely upon moral principles. However, such contracts are less secure than contracts 5 made within a legal framework, for obvious reasons. There are numerous examples of contractual rights such as:
-Rights to purchase a particular product or service
-Rights to be sell a product or service
-Rights to be the only seller or buyer
-Rights to delivery and timely payment
-Rights to refunds or repairs
-Various rights according to the specific intentions of each party
Who are classified as Philippine citizens?
Under the 1987 Philippine Constitution, Article IV, Section 1, it states that:
Section 1The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and 4. Those who are naturalized in accordance of law
What are the modes in acquiring Philippine citizenship?
There are two (2) generally recognized forms of acquiring Philippine citizenship:
1. Filipino by birth
6 1. Jus soli (right of soil) which is the legal principle that a person’s nationality at birth is determined by the place of birth (e.g. the territory of a given state) 2. Jus sanguinis (right of blood) which is the legal principle that, at birth, an individual acquires the nationality of his/her natural parent/s. The Philippine adheres to this principle. 2. Filipino by naturalization which is the judicial act of adopting a foreigner and clothing him with the privileges of a native-born citizen. It implies the renunciation of a former nationality and the fact of entrance into a similar relation towards a new body politic (2Am.Jur.561,par.188).
https://www.youtube.com/watch?v=hrF2aYm Human Rights in Two Minutes INoA (Filipino) https://www.youtube.com/watch?v=uxQiCw1 Bill of Rights in General, K4zU Natural Rights, Constitutional Rights, Statutory Right https://www.youtube.com/watch?v=bZaTH_ Article 4 of the Philippine 6of_o Constitution: Citizenship
