Theory of Rights

1. Theories of Rights
The Historical Theory of Rights
Vidisha Surve
Roll No.: 126

2. Rights as Product of Historical Evolution
The exponents of the Historical Theory of Rights
say that rights are not created by the state, but
are the products of historical evolution. While in
the modern state rights are recognized and
upheld by law, in ancient times rights were
based on customs and usages.

3. Rights as Product of Historical Evolution
In the course of a very long time, human beings
in society evolved certain usages, tradition and
customs for common good, and these in an
unwritten form became the basis of law, which
gave rights to the individual in an actual written
form. As far as the primitive, man was
concerned, custom was unwritten law.

4. Evaluation of Theory
Merit :
The theory is correct, when it says that several
rights arose as a result of historical evolution,
and that customs provided a basis of written
laws of the state.

5. Evaluation of Theory
Defects :
1. All rights are not products of history. Only some
rights are the results of historical evolution.
2. Certain rights are created by the laws of the
state, and they do not have history as source of
their origin. The state has got rid of inequality in
the Indian caste system, which was the product
of history and introduced equality through a
written constitution and law.