Human Rights Theories : Report

Added on - 18 Sep 2019

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1. Define the following: a right, a legal right, a moral right, a human right. How arethey related?Right can be described as a legitimate claim or may be considered as an entitlement to anykind of treatment that others exercise on an individual or those conditions when others shouldnot interfere and even show supportive treatment. It may be otherwise stated that right issomething to which an individual is permitted by humanity as a whole and anything thatstands in between a person to enjoy the rights should be morally eliminated by community orsociety. A human being cannot flourish or identify his/her best qualities without beingexposed to the individual rights. Awareness of self rights makes an individual more confidenton the path of life and they can contribute better towards fellowmen as well as the society.Rights can be described very well by the following words of Laski, “Rights are thoseconditions of social life without which no man can seek in general, to be himself at its best”(Civil Service India, 2018).The legal rights may be defined as those rights which the constitution and the legal system ofthe nation permit to the citizens and also the rights which are allowed by the concernedauthority within the system (Campbell, 2017).The moral rights can be also called the creator’s rights. This right is imposed to offer respectand safeguard the ownership of a creation of a creative person. Hence, this right protects thecreation of a creator and proclaims to the world the rights of the creator over his work evenafter his/her demise and nullify any rights of any other person who has no contributiontowards the creation. This right also protects any invasion on the work of a creator likedistorting of the creation in any form or harming the reputation of the creator by any means(Copyright Agency, 2018). This right also looks upon the fact that the original creator maygive consent to modify his/her work for creating a different form of art or any such creative
attempt done with good intentions by acknowledgement to the original creator. For example,Jane Austen’s Pride and Prejudice (1813) was remade into a film by director Joe Wright inthe year 2005. Moral rights are enjoying the copyrights of a work of creation where one canenjoy the fruits of royalty and also sell the work to earn.Human rights are those rights that are inherent to all human beings irrespective of nationality,place of residence, sex, ethnicity, skin color, religion, language, etc. (United Nations HumanRights, 2018). Every human being is equally entitled to human rights without any form ofdiscrimination and all such rights are intricately related, interdependent, and are indivisible(United Nations Human Rights, 2018).2. What three features define a moral right?The moral rights can be also called the creator’s rights. This right is imposed to offer respectand safeguard the ownership of a creation of a creative person. The three features that definea moral right are equality, inalienability, and universality (“Moral Rights”, n.d.).3. How do we know that people have rights? What is the basis of the moral rightsaccording to a utilitarian view? According to Immanuel Kant?There are some universal moral principles that are applicable to every human being and it isdue to such application that we can say that people have rights. Moreover, it must be notedthat when analyzed from the legal perspective it can be said that people have rights. Everyhuman being has lawful right because every individual dwells within a lawful framework thatensures the presence of such rights. According to the views of the Utilitarian philosophyevery human being has moral rights because the possession of moral right maximizes utility.According to Immanuel Kant every human being should be entitled to be treated as a freeperson equal to every other human being and that is the reason why every human being
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