A JURISPRUDENTIAL QUAGMIRE ONDEFINITION OF ‘RIGHTS’- HUMAN OR LEGAL, BOTH OR NEITHER? TO WHAT DIVINE AND CONSTRUCTIVE PURPOSE IN SOCIETY?
Abstract What constitute ‘rights’ raises several complexities, such as whether we connote natural right, human right, legal right or perhaps merely being right. Rights may also simultaneously invoke themes of liberty, immunity, power, priviledge. Some theorists suggest a classification based on the question of a correlative duty or enforceability. I suggest we understand rightsas a concept that carries with it an original meaning that we have to interpret in terms of its history and broadness. Rights could be analysed as a derivative of natural law, but also a creation of positive law- I argue however, whatever ascription we construct rights to be it has to be such that takes a perspective that prioritises the welfare and dignity of people, and recognises that certain rights to individuals are intrinsic and inalienable, and such to be protected, not deviated from.