1955The Philosophical ReviewRequires access

Are There Any Natural Rights?

H. L. A. Hart

Open publisher page 1,933 citations

Abstract

There is of course no simple identification to be made between moral and legal rights, but there is an intimate connection between the two, and this itself is one feature which distinguishes a moral right from other fundamental moral concepts. The words droit, diritto, and Recht, used by continental jurists, have no simple English translation and seem to English jurists to hover uncertainly between law and morals, but they do in fact mark off an area of morality which has special characteristics. In contrast with special rights, which constitute a justification peculiar to the holder of the right for interfering with another's freedom, are general rights, which are asserted defensively, when some unjustified interference is anticipated or threatened, in order to point out that the interference is unjustified. The assertion of general rights directly invokes the principle that all men equally have the right to be free; the assertion of a special right invokes it indirectly.

About this research paper

What this paper is about

There is of course no simple identification to be made between moral and legal rights, but there is an intimate connection between the two, and this itself is one feature which distinguishes a moral right from other fundamental moral concepts. The words droit, diritto, and Recht, used by continental jurists, have no simple English translation and seem to English jurists to hover uncertainly between law and morals, but they do in fact mark off an area of morality which has special characteristics. In contrast with special rights, which constitute a justification peculiar to the holder of the right for interfering with another's freedom, are general rights, which are asserted defensively, when some unjustified interference is anticipated or threatened, in order to point out that the interference is unjustified. The assertion of general rights directly invokes the principle that all men equally have the right to be free; the assertion of a special right invokes it indirectly.

Why it matters

OpenAlex reports 1933 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

There is of course no simple identification to be made between moral and legal rights, but there is an intimate connection between the two, and this itself is one feature which distinguishes a moral right from other fundamental moral concepts. The words droit, diritto, and Recht, used by continental jurists, have no simple English translation and seem to English jurists to hover uncertainly between law and morals, but they do in fact mark off an area of morality which has special characteristics. In contrast with special rights, which constitute a justification peculiar to the holder of the right for interfering with another's freedom, are general rights, which are asserted defensively, when some unjustified interference is anticipated or threatened, in order to point out that the interference is unjustified. The assertion of general rights directly invokes the principle that all men equally have the right to be free; the assertion of a special right invokes it indirectly.

Key concepts: Natural (archaeology), General interest, Contemporary philosophy, Law and economics, Philosophy, Epistemology, Sociology, Geography

Related papers

Back to paper searchBrowse research topicsOriginal source
Are There Any Natural Rights? — Research Paper | ScholarLens