Two Kinds of Rights

In jurisprudence and political philosophy, rights are defined as legally or morally recognised entitlements that determine what individuals can expect from others and from the state. Rights form the cornerstone of law, justice, and governance, providing the basis for liberty, equality, and social order. Broadly, rights are classified into two main kinds — legal rights and moral rights. This fundamental distinction differentiates rights that are enforceable by law from those derived from ethical or moral principles.

Meaning of Rights

A right may be described as an interest or claim recognised and protected by law or by moral rules of society. Rights imply a corresponding duty — when one person has a right, others are obligated to respect it.
Philosophers such as John Locke, Immanuel Kant, and Jeremy Bentham have all contributed to the concept of rights, though they differ in emphasis. Locke viewed rights as natural and inherent, Kant associated them with moral autonomy, while Bentham regarded legal rights as creations of law.

1. Legal Rights

Legal rights are those rights that are recognised and enforced by the law of the state. They are created, defined, and protected by legislation, judicial decisions, or constitutional provisions. If violated, they are enforceable through the courts.
Legal rights are specific to a particular legal system and vary from one country to another. They are institutional rights backed by the authority of the state.

Characteristics of Legal Rights

• Recognition by Law: They are established and sanctioned by legal authority.
• Enforceability: A person whose legal right is violated can seek remedy through courts or legal processes.
• Correlative Duty: Every legal right corresponds to a duty imposed on others or on the state.
• Specificity: They are clearly defined and limited in scope by law.
• Variability: They may change with legislative or judicial reforms.

Examples of Legal Rights

• Right to Property under Article 300A of the Constitution of India.
• Right to Freedom of Speech and Expression under Article 19(1)(a).
• Right to Education under Article 21A.
• Right to Equality before Law under Article 14.
• Right to Vote, conferred by the Representation of the People Act.

Legal rights may also arise from private relationships, such as contractual rights, property rights, or employment rights.

Types of Legal Rights (Salmond’s Classification)

Legal theorist John Salmond classified legal rights into several categories:

• Perfect and Imperfect Rights – enforceable by law versus unenforceable for procedural reasons.
• Positive and Negative Rights – rights to do something (e.g., right to free speech) and rights to be free from interference (e.g., right to privacy).
• Rights in Rem and Rights in Personam – rights enforceable against the world (e.g., ownership) versus rights enforceable against specific persons (e.g., contract).
• Proprietary and Personal Rights – rights over property versus rights relating to personal liberty or reputation.
• Public and Private Rights – rights enjoyed as a member of the public (e.g., political rights) versus rights arising from private relationships.

Importance of Legal Rights

Legal rights form the backbone of a state’s legal system. They:

• Safeguard citizens’ liberties and dignity.
• Ensure justice and rule of law.
• Provide mechanisms for redress and protection.
• Define social relationships and obligations.

Without enforceable legal rights, moral rights would remain aspirational ideals lacking institutional protection.

2. Moral Rights

Moral rights (also known as natural or ethical rights) are those rights which arise from the moral sense of justice or from the principles of natural law, rather than from any enactment or legal authority. They are grounded in human conscience, ethical values, and societal norms.
Moral rights exist prior to and independent of any legal system; they are often considered inherent and universal. They represent what ought to be recognised as just or fair, even if not codified in law.

Characteristics of Moral Rights

• Not Enforceable by Law: They cannot be claimed or defended through legal action.
• Based on Ethics and Conscience: Their validity rests on moral approval rather than legal sanction.
• Universal and Inherent: They are applicable to all human beings by virtue of humanity.
• Foundation of Legal Rights: Many legal rights originate from moral rights through formal recognition by law.
• Subject to Moral Standards: They depend on the ethical values prevailing in a given society.

Examples of Moral Rights

• The right to gratitude and respect from children towards parents.
• The right to truthfulness in social dealings.
• The right to privacy or reputation, before it was legally recognised.
• The right to humanitarian treatment of animals.
• The right to assistance in times of distress.

These rights exist as part of moral duty, and their observance is enforced by social conscience and ethical pressure, not by courts of law.

Relationship Between Moral and Legal Rights

The relationship between moral and legal rights is both complementary and evolutionary:

• Moral rights precede legal rights: Many legal rights originate as moral claims later codified by legislation (e.g., the moral right to education became the constitutional Right to Education in India).
• All moral rights are not legal rights: Some remain unenforced because they are too abstract or impractical to codify.
• All legal rights are not moral rights: Certain legally recognised rights (such as taxation powers or corporate privileges) may lack moral foundation.

The law often transforms moral obligations into legal duties when their enforcement serves public interest or social justice.

Examples of Conversion from Moral to Legal Rights

• The abolition of slavery transformed the moral belief in equality into a legal guarantee.
• The right to vote evolved from moral claims for representation into constitutional law.
• The right to privacy and right to information, once moral aspirations, are now legally enforceable rights under Article 21 of the Indian Constitution.

Comparison Between Legal Rights and Moral Rights

This comparison highlights that while moral rights are idealistic and universal, legal rights are practical and enforceable.

Interdependence of the Two Kinds of Rights

Legal and moral rights are not mutually exclusive; rather, they are interdependent:

• Law draws moral authority from ethics: Legal systems often reflect the moral conscience of society.
• Morality gains strength through law: Legal recognition gives enforceability and institutional protection to moral principles.
• Social progress: As moral standards evolve, law tends to incorporate new moral rights into the legal framework.

Thus, moral rights act as the philosophical foundation, while legal rights represent the practical expression of justice in society.

Importance in Modern Jurisprudence

In contemporary democratic and constitutional systems, both kinds of rights coexist and complement each other. International instruments such as the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) reflect the transformation of moral rights into binding legal obligations upon states.