The Argument on Natural Rights - Essay Example

Topic:  Natural Rights Introduction The argument on natural rights has been going on since the Greek times where political theorist claimed about the naturally gifted rights of men. The concept of natural rights and support for it has been evident even before the formation of government. Basically, is it is believed that natural rights are acquired by human being from the time of their birth and cannot be deprived from them. All human have equal natural rights and there is no necessity for an outside party to bestow these rights to them as they possess it naturally. Many have critiqued about the natural rights throughout history but the prominent critiques were Karl Marx and Edmund Burke. These men have criticized strongly about the theory of natural rights and have put down their opinion in public with determination. Both Marx and Burke believed in liberty but was against the idea of natural rights According to Kreis(2009)“Marx rejects natural rights as a bourgeois invention. Socialism does not make appeals -- it demands. It speaks not of rights but of the new form of life which replaces the old social order”. According to Marx, people naturally have the liberty to perform action and enjoy its benefits under the rule of a civil institution However he argued that given the natural rights to human, he can bring out the selfish nature in him and harm the society. Marx claimed that people had the right to fight for their liberty against government at all cases. On the other hand Burke believed that allowing natural rights to people could endanger the government and it political structure. As per Stangroom,(2009)“Burke’s rejection of Enlightenment talk of natural rights, though, is fuelled by more than just a pragmatic, cautionary sensibility”. The Concept of Natural Rights Natural right is the right present inherently with the personality of human being. The political theorist believes that a human being while entering a society come with natural rights offered to them by the nature. They claim that no government holds the power to deny these rights to the individuals. The rights to win property or right to rule is not a privately owned one but of natural quality. In his book Tierney(1997) writes that “Rights of ruler ship and rights of property were a part of the divine scheme of things; that was why transgression of these rights by disobedience or theft was considered as a moral sin”39. The idea of natural rights has evolved from the ancient doctrines of natural laws. According to natural law, since human beings are creation of God their rights in the society should be based on universal law of equality and liberty. With the emergence of individualism in the 17th century, the principles of natural law were modified to emphasis the importance on equal rights of the human beings. Since human being is natural beings, they possess rights that cannot be deprived from them by a political system or society. According to Donald “Natural law and natural rights follows from the nature of man and the world. We have the right to defend ourselves and our property, because of the kind of animals that we are”. As God has given us the free will to choose between the right and wrong, the existence of natural right can be supported logically. The Marx’s Perception of Natural Rights Karl Marx has been an expert in the field of natural law and natural rights. Karl Marx believed that the idea of natural rights is flawed, especially that which is documented in French and American politics. Karl max claimed that every individual had equal human rights and a government is justified in its practice only if it is fair to its citizens. Marx believed that private ownership of property was the root cause of all problems in the society. He argued that private ownership of property played a significant role in the unequal distribution of wealth in the society. As per Brenkert (1979)“Marx’s opposition to private property is well known. He was after all quite explicit: the theory of the communist may be summed up in the single sentence: Abolition of private property”. The perception of Marx on the subject of natural rights was unique and this was due to his acquaintance with nature and understanding of the universal law and working of the society. Marx believed in morality and had a rational view on human rights and individualism. His works are based on the positive codes of universal law. Marx’s true theory is that man is free and possesses a moral consciousness which gives him the freedom to choose between right and wrong. However he thought that the natural right introduced to society will bring out the selfish side of human being suppressing the community side. As per Peterson(1994) “Karl Marx was convinced that the private ownership of capital goods was a social and moral evil”. Marx claimed that concept of private property alienated labor class from their right to property. Marx’s theory on natural rights were based on the philosophy and ideal of Aristotle on nature, good life, social justice and democracy .Marx in order to understand individual social rights integrated the principles of labor theory of value and economic theory. He propagated that equality was more valuable than liberty. Marxism was of the opinion that government should avail people of all the things they have right to. Even though everyone has the right to own property and wealth, every one cannot afford to do the same. Marx was against the idea of accumulation of wealth by a group of individuals, rather he belied on fair distribution of rights and wealth. According to Adam,(2010)“ Marx the development of freedom is identified with the creation of a new human being, no longer confronted by his alienated social powers as a hostile force” Marx claimed that the community side of human being is their true identity, whereas the natural rights make a man egoistic and alienated from the society. He stated that in the shade of natural rights, man become alienated and becomes isolated from one another within the society. In such a situation a man would not care for his neighbors and would not contribute to the society in a positive way. Marx pointed out that the natural right theory had a selfish orientation and led men to be an egoistic being in contrast to species – being. He stated that all natural rights distracted a man form the community and welfare of society. In his book Boucher (2011) mentions that, “The Marxist critique of natural rights maintains that the language is individualistic and that it defends the position of particular interests” The Burke’s Perception of Natural Rights Burke being a classical political thinker thought that nature of a human is ambiguous and need improvement in order to be incorporated in a society. Burke believed that the reforms of government should be based on practicality and prudency and not on theory of natural rights. Burke claimed that the complexities of society cannot be aligned with the ambiguous nature of human beings. He laid emphasis on partnership but disregarded on equality as it could not promote the economic and social development of the society. In his journal Kirk(1951) states that “Burke states that God has given us nature and along with it natural law. But the law a rights derived from it has been misunderstood by the modern mind.” Burke advocates the idea of liberty but emphasized that the government need not update their principles of liberty and reforms continuously. He has warned against the negative effect of “unchecked liberty” of man on a state. He stated that power in the hands of people could be as dangerous as power vested with a dictator. He was of the opinion that natural rights of people are unschooled as it is crude in form and cannot be accommodated in a society. As per O’Keeffe“ (2010) “When Burke speaks of our natural rights, which he does occasionally, but forcefully, he means God – given rules for the protection of His creation”. Burke recognized that man had the inherent characteristic of evilness and as a result he is self centered. Man according to him had the natural tendency to act on his self interest and bestowing him natural rights only could lead to disruption in the society. Moreover, he believed that man naturally were unequal and would tyrannize the less able in the light of natural rights. Burke claimed that the natural rights and natural law theory can limit the government’s role in the state affairs. According to Burke, the nature of man is more complex and is difficult to be idealized as perfect social laws. In his book Stanlis,(2009)writes that “Burke took his stand almost completely on the principles of utilitarian expediency, and that therefore he rejected all belief in natural rights based on natural laws”. In Burke’s definition right is inherited by us from our forefathers that entailed a man’s right on property. According to Burke natural rights had no existence rather civil right was important for a man to exist in a society. However Burke did not disregard the reality of natural rights but considered them to be purely conventional. Burke advocated civil right as requisite of a society and natural right is not conditioned adequately to be applied in a social life. Burke believed that civil rights were necessary for the social existence of human being rather than natural rights. According to Baldachinno,(20011)“Burke regards legal codes as means to a higher end. Civil society .He sees the establishment of good laws as crucial to civilized society”. The Key Critques of Marx and Burke on Natural Rights Marx was against natural right theory but emphasized on the importance of equality. He believed that natural rights alienated a man and made him selfish. He thought that in the light of natural rights, man can be self centered and hinder the normal functioning of the community. According to him if a person is set free in his natural state, then he could lead to chaos in the society. As man is selfish my nature, more freedom can make him greedy and harmful to each other. In his article cherry, (2011) writes that “Karl Marx agitated for totalitarian government power over the individual — where government (a small group of people after all) possesses a "right" to the fruit of the individuals labor in their pursuit of happiness — in violation of the Natural Law embedded in our Declaration of Independence”. Burke is altogether against the rights conceived by enlightenment but propagated the principles of virtue and goodness advocated by the Greek philosophers. However Burke never denied about the existence of natural rights .Burke believed that man by nature is not moral and when he is confronted by an external environment he gets corrupted. He believed that, a civil institution and a legal framework are essential for the welfare of a society. He was of opinion that a natural society without an institution can be dangerous or illusionary affair. According to Attarian, (1997) “Burke devoted his public life to defending natural rights and liberties and battling arbitrary government, in America, Ireland, India and, most famously, France” Conclusion Marx ideology on natural right seems justifiable as man is indeed self – centered in his natural state. If natural rights of man are given importance then the building up of a civil society becomes an unreality. To have a social order in the society, a government is mandatory with a legal structure. Hence man is of unequal nature, the less able will be tyrannized by the mighty and powerful. So in order to protect the liberty of the masses, social institutions and legal system is mandatory. Marx is right in suggesting that man is selfish by nature and this is the natural instinct embedded in him. The crude nature of man cannot promote a good society and a community. Burke also condemns natural right theory as he believes it could be a danger to the civil society. Burke believed in liberty, but under the guidance of a proper government. He did not advocate the unrefined natural rights of a man to be the foundation of a society. He compared the natural rights as rays of sunlight which comes out of a dense form and gets refracted to form many lines. As per Kerwick (2011) “Burke says of “natural rights” that they are “metaphysic,” and that “like rays of light which pierce into a dense medium,” they are “refracted from their straight line” by the concrete realities of social life”. In conclusion both these men were strong critique of natural rights but favored liberty and goodness among people. Bibliography Attarian, John, ‘Edmund Burke : Champion of Ordered Liberty’ (1997) The Intercollegiate Review Adam, David, Marx, Bakunin, and the Question of Authoritarianism (14 September 2010) Libcom http://specialdee.wordpress.com/2010/07/02/ethics-where-are-you-part-10/ Brenkert, George, ‘Freedom and Private Property in Marx’ (1979) Philosophy and Public Affairs 8 Boucher, David, The Limits of Ethics in International Relations (Oxford University Press, 1st ed, 2011) Baldacchino, Joseph, The Value-Centered Historicism of Edmund Burke (29 July 2010) NHI http://www.nhinet.org/burke.htm Cherry,Ronald, Marxism Is a Violation of Natural Law (14 March 2011) Renew America . Donald, James, Natural Law and Natural Rights, Jamess Liberty file collection http://jim.com/ Kreis, Steven, The Age of Ideologies (2): Reflections on Karl Marx (03 August 2009) The History Guide Kirk, Russel, ‘Burke and Natural Rights’ (1951) The Review of Politics 13 Kerwick, Jack, Conservatism’s Patron Saint a Glimpse of Edmund Burke (2011) About OKeeffe, Dennis, Edmund Burke (The Continuum International Publishing Group Ltd., 1st ed, 2010) Peterson, Paul, ‘Karl Marx and His Vision of Salvation: The Natural Law and Private Property’ (1994) Review of Social Economy 52 Stangroom, Jeremy, American in 1960 (11 April 2011) Jeremy Stangroom http://www.jeremystangroom.com/index.php/category/history/ Stanlis, Peter, Edmund Burke and the Natural Law (Transaction Publishers, 2nd ed, 2009) Tierney, Brian, The Idea of Natural Rights: Studies on Natural Rights (Scholars Press, 1st ed, 1997) Read More