The document discusses natural rights and natural law. It provides background on how philosophers like John Locke and Thomas Jefferson viewed natural rights as including life, liberty and property/pursuit of happiness. These rights were seen as inherent and could not be taken away by governments. The document also discusses how natural law theories have been used to both support authority and justify revolution against authority. Natural law is viewed as deriving from supreme sources like God, nature or reason, rather than worldly authorities.

2.  Fundamental human rights based on universal natural law, as
opposed to those based on man-made positive law are called
‘Natural Rights’ . Although there is no unanimity as to which
right is natural and which is not, the widely held view is that
nature endows every human (without any distinction of time
or space, and without any regard to age, gender, nationality, or
race) with certain inalienable rights (such as the right to 'life,
liberty, and pursuit of happiness') which cannot be abrogated
or interfered with by any government. And that, whether or
not these rights are enshrined in a national legal code, no
government is lawful if it fails to upholds them.

3.  We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life, Liberty
and the pursuit of Happiness.
 That to secure these rights, Governments are instituted among
Men, deriving their just powers from the consent of the
governed, That whenever any Form of Government becomes
destructive of these ends, it is the Right of the People to alter
or to abolish it, and to institute new Government, laying its
foundation on such principles and organizing its powers in
such form, as to them shall seem most likely to effect their
Safety and Happiness.

4.  The main argument in the Declaration of Independence was
that the British monarchy violated the natural rights of the
American people. Natural rights, sometimes called
unalienable rights, and are the rights that the Framers
believed all people are born with and can never give up.
The Framers argued that the government’s central purpose
should be to protect and uphold these rights.
 John Locke, an Enlightenment philosopher, described
natural rights as the rights to one’s own “life, liberty, and
property.” His work inspired Thomas Jefferson, the main
author of the Declaration of Independence, who described
unalienable rights as “life, liberty, and the pursuit of
happiness.”

5.  John Locke (in his classic book, Second Treatise on Government)
has described right to life, liberty and property as natural rights.
These are the rights which any government or society cannot deny.
People have these rights “naturally”. Now nature can be seen in
different contexts like independent from society or any government
which is obliged to give those rights.
 Jefferson stated that natural rights are “…life, liberty, and the
pursuit of happiness….” Jefferson based his ideas on the English
philosopher, John Locke. He said that natural rights are life, liberty,
and property. Both stated that these rights are inalienable (or
unalienable as Jefferson said) which means they can never be taken
away. It is also our duty to preserve these rights and the government
must protect these rights.
 These rights are what we continue to strive for, even though we fall
short of them

6.  Natural rights are God given rights that cannot be taken away. We are all
born free and equal. . Natural rights are rights that exist independently of
legal code. They can be inherent in human nature, self-evident, imprinted
into man by his creator, etc.
 However there are many scholars who criticize the idea of natural rights.
Bentham can be quoted here who said “ it is completely irrational and
meaningless to imagine rights before society and state”.
 Bentham followed Hobbes, who gave the theory of legal rights. The
concept of legal rights is found in his book “Leviathan” where the people
submit everything to the sovereign (ruler: Leviathan) except right to life.
So, according to Hobbes since man is selfish, he created society to feel
secure and submit the rights to the king who would protect them. This is
the concept of legal rights.

7.  ”Natural Law” is a philosophy that certain rights
or values are inherent by virtue of human nature
& can be universally understood through human
reason.

8.  In jurisprudence, the term ‘Natural Law’ means those
rules and principles which are considered to have
emanated from some supreme source ( other than any
worldly or political authority). Various theories have
been propounded since very early time about the
source, authority, and relation of these rules ( natural
law) with law (positive law). These theories, though
mostly divergent in nature and supporting contrary
ideologies, proceed from the common ground that the
source of these rules is not any worldly authority.
Some say that these rules have come from God; some
find their source in nature ; others says that they are the
product of ‘reason’.

9.  These rules have been given different names by different jurists (on the
basis of their source) such as ‘Divine Law’, ‘Moral Law’ ‘Law of Nature’
or ‘Natural Law’, ‘ Universal Law’, ‘Law of God’, ‘Unwritten Law’ and
so on.
 The Natural Law theories reflect a perpetual quest for absolute justice. It
has been an appeal to absolute justice, authority and rules higher than
positive law.

10.  The Natural Law theories have been used to serve divergent
purposes. It was used to support existing authority and also to
foment revolution against it. In the name of natural law from
time to time, different principles and ideologies have been
preached. But, it should not be assumed that ‘Natural Law’
has had been subject of theoretical discussion only among the
jurists and it has no practical value.

11.  Under the influence of ‘natural law’ (‘jus naturale’), ‘jus civile’ of Romans
was transformed into a very comprehensive and cosmopolitan system The
movement for the freedom of individuals against the absolute authority of
State started in the name of ‘natural law’. The American Constitution
incorporates many principles of ‘natural law’. After the French revolution,
the rights of individuals, given in the Constitution as ‘inalienable’, were
said to based on ‘natural law’. In the name of ‘natural law’ , many jurists
have asserted the validity and authority of International Law .
 Infact, the theories about natural law have not been evolved to explain
any given legal system, but rather to serve an ulterior end namely, the
fulfilment of the social need of the age.

12.  We can give several examples to prove our point that there are “Natural Laws”
governing us. Some examples stated below clarifies this stand.
 Our “Solar System” is stable & well formed with Planets revolving round the Sun
in a precise & accurate timing & we are all supported by “Solar System” to
survive. This is a fundamental “Natural Law”, which cannot be tampered by
humans.
 Anatomy of all living beings are well defined by “Nature” and are bound by that
“Natural Law”.
 Birth, Life & Death of all living creatures, including humans, on earth are as
per “Universal Law” of governance.
 Several examples of natural law are respecting individual's property, paying
compensation in exchange of someone else's injury, loss or damage, and most
importantly, Pacta sunt servanda (keeping agreements / agreements must be
kept).
 You can list out any number of “Natural Laws” governing us, suffice it to say, that
we cannot be out of purview of “Natural Laws” by any means whatsoever

13.  Natural laws are the laws which are absolute and inalienable. Similarly,
Natural rights are the rights which every individual has by the virtue of
being a human being. They both transcend geographical and political
boundaries. They would still exist even if no government existed.
 The fundamental rights enshrined in the Indian constitution in articles 14-
35, based on UN Charter for Human Rights provide a good example of
Natural laws. Although in this case they are a creation of a statute and are
limited by reasonable restrictions none the less natural laws are based on
natural rights which are a man's birth rights. Philosophers like Aristotle
and Plato wrote extensively on natural laws. Thomas Aquinas and Hugo
Grotius are some of the eminent jurists from this school of jurisprudence.

14.  Positive law is law as it exists.
 Natural law is law as it ought to exist.
 The argument is that law ought to protect natural rights because of human
dignity and justice. Government exists to serve natural rights--to serve the
individual. That is their ultimate purpose and goal.
 Natural Law” is based on the principles and truth. Such laws are said to
harmonise knowledge and understanding. It is claimed that such laws are
universal. These laws, of course have become established norms in legal
terms. They probably began their evolution from earlier moral (religious)
law, becoming secularised over time, and finding themselves established in
common law of most first world nations.

15.  Thomas Aquinas, the great philosopher of the Middle Ages, wrote that the
first precept of the Natural Law is to do good and avoid evil. Natural Law
means that, what constitutes “right” and “wrong,” which is same for
everyone, and this concept is expressed as “morality.” As an example of
natural law, it is universally accepted that to kill someone is wrong, and
that to punish someone for killing that person is right, and even necessary.
 Hugo Grotius is one of influential natural law thinkers. He secularised the
law by stripping down its theological elements. According to Grotius,
Natural law consists of principles derived from rational consideration and
social nature of humankind. The social nature is not merely in a form of
the will to live in a society, but also the will to live in a peaceful and well-
ordered society.