Four Principles of Traditional Theories of Rights
This introductory chapter provides a critical analysis of the central features of traditional and contemporary theories of rights as well as criticisms of those theories. Even as human rights come under attack in one part of the globe after another, various bodies are trying to extend the protection afforded by rights to peoples—even to nonhuman animals and the environment—and also to widen the scope of rights to cover such diverse entitlements. Concurrently, especially in the United States, the concept of rights is being subjected to intensive scrutiny, and new understandings of the nature and ground of rights are emerging. Contemporary rights theory has three main sources: (1) the Christian tradition of natural law; (2) the Enlightenment theorists Hugo Grotius, Thomas Hobbes, John Locke, and Immanuel Kant; and (3) the American legal theorist Wesley N. Hohfeld. Theories in this tradition assert or assume, inter alia, the following interrelated principles: Individualism; A priorism; Essentialism; Adversarialism.