Individual and group rights
Rights |
---|
Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
Group rights, also known as collective rights, are
Organizational group rights
Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights cater toward organizational persons, including nation-states,
Philosophies
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In the political views of
Adam Smith, in 1776 in his book The Wealth of Nations, describes the right of each successive generation, as a group, collectively, to the earth and all the earth possesses.[6] The United States Declaration of Independence states several group, or collective, rights of the people as well as the states, for example the Right of the People: "whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it" and the right of the States: "... as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do."[7]
Dutch legal philosopher Hugo Krabbe (1908) outlined the difference between the community and individual perspectives:
Thus, two kinds of perspectives on the state emerge from the history of the theory of the state. That of antiquity takes the community as a natural given, sees in her a being of the fullest reality, bearer of all cultural life, requiring no more justification than the existence of the Sun. And there can be no question of granting rights here either, because the only being from whom those rights could come, the individual, derives his jurisdiction precisely from belonging to the community, and only from that. Opposed to this is the conception of the state from the school of natural law, which takes the individual as its starting point, asserts his natural freedom as a right, creates the community from his will and endows her with rights derived from him. To recap,
on the one hand, the community is primary, with her own original right, and the individual secondary, with his rights derived from the community;
on the other hand, the individual is primary, with all the content of his natural freedom as a right, and the community is secondary, a product of individual will and therefore dependent on him in jurisdiction.[8]: 12–13
See also
- Affirmative action
- Collective identity
- Collectivism and individualism
- Common good
- Constitutional economics
- Corporate personhood
- Critical pedagogy
- Ethnic interest group
- Freedom of movement
- Identity politics
- Identity (social science)
- Indigenism
- Institutionalized discrimination
- Interest group liberalism
- Liberation psychology
- Minority rights
- Popular front
- Primordialism
- Protected group
- Reparations (transitional justice)
- Right to development
- Self-determination
- Special rights
- Three generations of human rights
- Voting bloc
Further reading
- Barzilai, Gad (2003), Communities and Law: Politics and Cultures of Legal Identities. The University of Michigan Press, 2003. Second print 2005. ISBN 0-47211315-1.
- Mack, Eric (2008). "Individual Rights". In OCLC 750831024.
References
- ^ "Group Rights (Stanford Encyclopedia of Philosophy)". Plato.stanford.edu. 2008-09-22. Retrieved 2015-03-30.
- ^ Jones (2010), p. 39ss
- ^ Bisaz (2012), pp. 7–12
- ^ "Charter of the United Nations, Chapter 1: Purposes & Principles". www.un.org. Retrieved 2018-06-02.
- ^ a b Jones, Peter (2016). "Group Rights". In Zalta, Edward N. (ed.). The Stanford Encyclopedia of Philosophy (Summer 2016 ed.). Metaphysics Research Lab, Stanford University.
- ^ Stewart (1811), pp. 85–86
- ^ "Declaration of Independence: A Transcription". The U.S. National Archives and Records Administration. November 2015. Retrieved 2022-10-11.
- ^ Krabbe, Hugo (1908). De idee der persoonlijkheid in de staatsleer: redevoering bij de aanvaarding van het hoogleeraarsambt aan de rijks-universiteit te Leiden, den 4 Maart 1908 uitgesproken [The Idea of Personality in the Theory of the State: lecture given at the acceptance of the position of professor at Leiden University, 4 March 1908] (in Dutch). Groningen: Wolters.
Bibliography
- Bisaz, Corsin (2012). The Concept of Group Rights in International Law. Groups as Contested Right-Holders, Subjects and Legal Persons. The Raoul Wallenberg Institute of Human Rights Library. Vol. 41. Leiden/Boston: Martinus Nijhoff. ISBN 978-9004-22870-2.
- Jones, Peter (2010). "Cultures, group rights, and group-differentiated rights". In Maria Dimova-Cookson; Peter M. R. Stirk (eds.). Multiculturalism and Moral Conflict. Routledge Innovations in Political Theory. Vol. 35. New York: Routledge. pp. 38–57. ISBN 978-0-415-46615-8.
- Rand, Ayn (1957). Atlas Shrugged. New York: Random House.
- Rand, Ayn (1964). The Virtue of Selfishness. New York: New American Library.
- Stewart, Dugald (1811). The Works of Adam Smith. Vol. 3. London.