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Individual and group rights

January 01, 1970

Group rights, also known as collective rights, are rights held by a group as a whole rather than individually by its members;[1] in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves.[2] Historically, group rights have been used both to infringe upon and to facilitate individual rights, and the concept remains controversial.[3]

Organizational group rights edit

Besides the rights of groups based upon the immutable characteristics of their individual members, other group rights cater toward organizational persons, including nation-states, trade unions, corporations, trade associations, chambers of commerce, specific ethnic groups, and political parties.[citation needed] Such organizations are accorded rights that are particular to their specifically stated functions and their capacities to speak on behalf of their members, i.e. the capacity of the corporation to speak to the government on behalf of all individual customers or employees or the capacity of the trade union to negotiate for benefits with employers on behalf of all workers in a company.

Philosophies edit

In the political views of classical liberals and some right-libertarians, the role of the government is solely to identify, protect, and enforce the natural rights of the individual while attempting to assure just remedies for transgressions. Liberal governments that respect individual rights often provide for systemic controls that protect individual rights such as a system of due process in criminal justice. Certain collective rights, for example, the right of "self-determination of peoples,"[4] enshrined in Chapter I Article I of the United Nations Charter, enable the establishment to assert these individual rights. If people are unable to determine their collective future, they are certainly unable to assert or ensure their individual rights, future and freedoms.[5] Critics suggest that both are necessarily connected and intertwined, rejecting the assertion that they exist in a mutually exclusive relationship.[5]

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 edit

Further reading edit

  • 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 Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, California: SAGE Publications, Cato Institute. pp. 245–247. doi:10.4135/9781412965811.n150. ISBN 978-1-4129-6580-4. LCCN 2008009151. OCLC 750831024.

References edit

  1. ^ "Group Rights (Stanford Encyclopedia of Philosophy)". Plato.stanford.edu. 2008-09-22. Retrieved 2015-03-30.
  2. ^ Jones (2010), p. 39ss
  3. ^ Bisaz (2012), pp. 7–12
  4. ^ "Charter of the United Nations, Chapter 1: Purposes & Principles". www.un.org. Retrieved 2018-06-02.
  5. ^ 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.
  6. ^ Stewart (1811), pp. 85–86
  7. ^ "Declaration of Independence: A Transcription". The U.S. National Archives and Records Administration. November 2015. Retrieved 2022-10-11.
  8. ^ 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 edit

  • 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.

External links edit

  • Ayn Rand on Individual Rights
  • Common Rights vs. Collective Rights
  • SEP

January 01, 1970
individual, group, rights, group, rights, also, known, collective, rights, rights, held, group, whole, rather, than, individually, members, contrast, individual, rights, rights, held, individual, people, even, they, group, differentiated, which, most, rights, . Group rights also known as collective rights are rights held by a group as a whole rather than individually by its members 1 in contrast individual rights are rights held by individual people even if they are group differentiated which most rights are they remain individual rights if the right holders are the individuals themselves 2 Historically group rights have been used both to infringe upon and to facilitate individual rights and the concept remains controversial 3 Contents 1 Organizational group rights 2 Philosophies 3 See also 4 Further reading 5 References 5 1 Bibliography 6 External linksOrganizational group rights editBesides the rights of groups based upon the immutable characteristics of their individual members other group rights cater toward organizational persons including nation states trade unions corporations trade associations chambers of commerce specific ethnic groups and political parties citation needed Such organizations are accorded rights that are particular to their specifically stated functions and their capacities to speak on behalf of their members i e the capacity of the corporation to speak to the government on behalf of all individual customers or employees or the capacity of the trade union to negotiate for benefits with employers on behalf of all workers in a company Philosophies editThis section needs expansion You can help by adding to it February 2022 In the political views of classical liberals and some right libertarians the role of the government is solely to identify protect and enforce the natural rights of the individual while attempting to assure just remedies for transgressions Liberal governments that respect individual rights often provide for systemic controls that protect individual rights such as a system of due process in criminal justice Certain collective rights for example the right of self determination of peoples 4 enshrined in Chapter I Article I of the United Nations Charter enable the establishment to assert these individual rights If people are unable to determine their collective future they are certainly unable to assert or ensure their individual rights future and freedoms 5 Critics suggest that both are necessarily connected and intertwined rejecting the assertion that they exist in a mutually exclusive relationship 5 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 editAffirmative 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 blocFurther reading editBarzilai 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 Hamowy Ronald ed The Encyclopedia of Libertarianism Thousand Oaks California SAGE Publications Cato Institute pp 245 247 doi 10 4135 9781412965811 n150 ISBN 978 1 4129 6580 4 LCCN 2008009151 OCLC 750831024 References edit 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 amp 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 edit 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 External links editAyn Rand on Individual Rights Common Rights vs Collective Rights SEP Retrieved from https en wikipedia org w index php title Individual and group rights amp oldid 1219494363, wikipedia, wiki, book, books, library,

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