Rights are morally correct entitlements to do certain acts that are justifiable and legally protected by the law. The debate on whether rights are natural rights has been an exciting topic, with Philosophers like John Locke and Thomas Jefferson feeling that natural rights differ from legal rights and are not dependent on government laws, hence unalienable (Smith, 2019). Natural rights are God-given inalienable rights, while the government bestows legal ones, meaning that not all rights are natural.
All individuals are born with inalienable natural rights that are God-given, and that cannot be reassigned or taken away. Among these natural rights are life, liberty, and property. The fundamental law of nature is to preserve humankind. Therefore, individuals must maintain their rights and make their own choices as long as they do not interfere with others’ liberty. Locke defines property as land, equipment, and goods that can be transferred, sold or conveyed to other parties (Smith, 2019). Property is also defined as the right to personal well-being, aligned to the pursuit of happiness, as the sense of ownership castigates happiness.
In this regard, natural rights are not dependent on customs, culture, government regulations, or policies. Specific human laws cannot restrain them; individuals can only forfeit their enjoyment after conducting some activities. Such include jailing, where the God-given natural right to freedom is controlled. On the other hand, legal rights are granted by the state and are not inalienable since they are subject to limitation, change, and abolition. The rights to lawful and fair treatment, marriage, peaceful assembly, and religion are all legal rights. Nevertheless, pursuing happiness is included as part of these unalienable rights. It is a negative right since its existence is guaranteed unless another person’s act negates it (Learn liberty, 2011). similarly, it is negative because the government and other individuals’ actions towards or against the holder are limited.
In summary, all people are equal and are born with inalienable natural rights: life, liberty, and property. Additionally, natural rights are God-given and should be respected. Natural rights are inalienable as they cannot be modified, while legal rights are bestowed by the government and can be changed, repealed, or restrained. Conclusively, natural rights differ from legal rights; hence, not all rights are natural.
Reference
Learn Liberty. (2011). Positive rights vs. negative rights [Video]. YouTube. Web.
Smith, W. A. (2019). Natural rights, natural law & natural justice — A theoretical construct. SSRN Electronic Journal. Web.