Natural and legal rights

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Some philosophers distinguish two types of rights, natural rights and legal rights.

  • Natural rights are God-given, and not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable. Natural law is the law of natural rights.
  • Legal rights are those bestowed onto a person by a given legal system. The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in The Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was used to challenge 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 fascism.