Are There Any Natural Rights

Bibliographic Data

ID10693953
AuthorsH L A Hart (corresponding author)
Year1955
Volume64
Issue2
Pages175
Publication date1955-04-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueThe Philosophical Review (JOURNAL)
Journal identifiersISSN: 0031-8108 • E-ISSN: 1558-1470
PublisherJSTOR (PUBLISHER)
DOI10.2307/2182586
OpenAlexW2326580376
LanguageEN
Citations received382

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

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