Evolution and conception of human rights –

from natural rights to human rights

Evolution and conception of human rights began with the conception of

certain inalienable and imprescriptible rights of every human being. These rights
inherent in and are enjoyable by every individual as a human being any place and
any time. The enjoyment of these rights does not depend on the individual’s sex,
race, religion, nationality, citizenship, etc. These rights are derived from the
individual’s inherent and sacrosanct personality, worth, dignity and sanctity. They
are coeval with humankind and created by natural law. This natural law is a part of
the eternal law made by God for the governance of the universe including
humankind. As these rights are created by “natural law”, so are they called
“natural rights”. After the World War II (1939-1945), these natural rights came to
be known as “human rights”. The conception of human rights from natural rights
can be shown by a logical argument diagramed as follows:
DIAGRAM–1

Note
Proposition (3) is an inference from proposition (1) via
proposition (2).
2. What is God from human rights perspective?
Natural law is a part of the eternal law which is made by God. Then, what is God
from human rights perspective? From human rights perspective, God must be
conceived, perceived and understood as the Supreme Spiritual and Intellectual
Personality attainable by every human being on earth by means of his/her moral,
spiritual and intellectual excellence, and not in narrow theological sense. God in
this sense is the Universal Reality, Wisdom and Love which all human beings can
attain and possess by excellence. In this sense, God is the Supreme and Absolute
Rationality.
Man is the only earthly being having both animality and rationality. Only
animal has animality without rationality. Rationality distinguishes man from
animal. Man as a being with animality and rationality forms the general category
of humankind and has the greatest number. Only a few of men of the entire
humankind by their thought, knowledge, habit, conduct and action, can become
noble. They form second category of humankind and are rare. And only the fewest
of men of the entire humankind can be both noble and enlightened. By their
nobility and enlightenment, they can eliminate the animality in them. Thus, they
can be in eternal communion with God who is the embodiment of the Supreme and
Absolute Rationality. They form the third category of humankind and are rarest.
The first category outnumbers the second; the second, the third. Thus, the first
category has the largest denotation with the least connotation; the second category
has a larger denotation with a lesser connotation; the third category has the
smallest denotation with the highest connotation. This can be shown by the logical
denotation-connotation inverse variation.
 The relation between denotation and connotation of a term is such that
denotation and connotation of the term vary inversely. In other words, when
denotation increases connotation decreases and vice versa. Thus,
(1) If denotation increases, connotation decreases;
(2) If denotation decreases connotation increases;
(3) If connotation increases, denotation decreases; and
(4) If connotation decreases, denotation increases.
What are denotation and connotation? The denotation of a term consists of the
thing or things to which it applies, while the connotation of a term consists of the
attribute or collection of attributes which it implies.
The above denotation-connotation inverse variation can be used to demonstrate
that only the noble and enlightened man is endowed with Absolute Rationality.
Only God is Absolute Rationality. Therefore, only the noble and enlightened man
belongs to God. This can be shown by the following diagram:
DIAGRAM 2

MEN

NOBLE MEN

NOBLE AND
ENLIGHTENED
MEN

Note

i. The outer circle represents men of the general

category having the attributes viz. animality and rationality.
 This category has the largest denotation with the least
connotation.
ii. The inner circle represents men of the second
category having the attributes viz. animality and rationality
+ nobility. This category has a larger denotation with a
lesser connotation.
iii. The inner-most circle represents men of the third
category having the attributes viz. animality and rationality
+ nobility + enlightenment. This category has the smallest
denotation, with the highest connotation. Only men of this
category can eliminate the animality in them and can belong
to God.

3. How to attain Supreme and Absolute Rationality?

Indian philosophy advocates that by following Varnasrama-dharma one can attain
Supreme Rationality. Varnasrama-dharma was the law by which both individual
and social lives were well regulated. It is a universal law governing the human
family. Varnasrama-dharma divides an individual’s life into four ashrams (orders)
: (1) brahmacharin (student life), (2) grahastha (married life), (3) vanaprastha
(forest hermit’s life) and (4) sannyasin (ascetic life). The division helps him
become a perfect member of his society. Varnasrama-dharma also divides
individuals according to their qualifications into four varnas (professional classes) :
(1) brahamana (intellectual and priestly class); (2) ksatriya (warrior class); (3)
vaisya (business class); (4) sudra (laborer class). The division is meant to ensure
an efficient administration and a well-to-do social life. It is not that this caste-
system has a divine origin. By change of profession a Sudra could become a
brahmin; a vaisya, a sudra; a brahmin, a kshetri and so on.
 For achieving excellence Hindu philosophy insists that human beings to be
distinct from animals must be educated in terms of 30 qualifications and that every
human being must live strictly by varnasrama-dharma. These 30 qualifications are
: (1) truthfulness, (2) mercy, (3) austerity, (4) bathing twice a day, (5) tolerance, (6)
discrimination between right and wrong, (7) control of the mind, (8) control of the
senses, (9) non violence, (10) celibacy, (11) charity, (12) reading scripture, (13)
simplicity, (14) satisfaction, (15) rendering service to saintly persons, (16)
avoidance from unnecessary engagements, (17) observing the futility of the
unnecessary activities of human society, (18) remaining silent and grave and
avoiding unnecessary talk, (19) considering whether one is the body or the soul,
(20) distributing food equally to all living entities, (21) seeing every soul as a part
of Supreme Lord, (22) hearing about the activities and instructions given by the
Supreme Lord, (23) chanting about these activities and instructions, (24) always
remembering these activities and instructions, (25) trying to render service, (26)
performing worship, (27) offering obeisances, (28) becoming a servant, (29)
becoming a friend, and (30) surrendering one’s whole self to the Supreme Lord.
According to Aristotle, human soul can be ennobled to achieve excellence.
Excellence is of two kinds – one of intellect and the other of character. The former
is attainable by a human being by means of learning; the latter by habituation.
4. Greco-Roman concept of natural law
The evolution of the European concept of human rights is associated with the
Greco-Roman concept of natural law. Since the end of the Middle Ages, that
concept had been the basic foundation of natural rights. After the World War II
(1939-1945), these natural rights came to be known as human rights. The Greco-
Roman concept of natural law is a synthesis of both Greek and Roman concepts of
natural law. The fundamental principles of both concepts of natural law became the
basis of the European concept of natural rights. The European concept of natural
rights became the western concept of natural rights and the western concept of
natural rights had developed into the human rights proclaimed by the Universal
Declaration of Human Rights (UDHR) 1948. All these evolutions and conceptions
are discussed below:
I. Greek concept of natural law and natural rights
In Western European civilization history, the end of the era of Aristotelian
city-states marked the beginning of a new era with Alexander (Aristotle’s great
pupil). Alexander pleaded for “the union of human hearts” and “human
brotherhood”. In the new era also emerged Stoic theory of natural law which later
laid the foundation of the “Revolutionary doctrine of natural rights of man”. The
new era differed from the era of Greek city-states which permitted slavery and
conferred rights and privileges only on the citizens. It also experienced the twin
conceptions of “the rights of man” and “a universally binding rule of justice and
humanity” in the minds of the European peoples.
The main principles of Stoic concept of natural law advocated by ancient
Greek Stoicism founded by Zeno of Citium about 300 BC, were as follows:
(i) Natural law was identified with man’s reason;
(ii) Man’s living according to reason was living according to
nature;
(iii) Precepts of reason had universal force and application;
(iv) Emphasis was laid on the ideas of individual worth, moral
duty and universal brotherhood.
II. Roman concept of natural law and natural rights
Roman concept of natural law was practically a continuation of Greek Stoicism.
Roman jurist and political thinker, Cicero (106-43 BC) influenced by the Greek
Stoicism advocated “rational theories of natural law and natural rights”. His
thought was known throughout the Western Europe from his own day down to the
19th century via Middle Ages. The main principles of his thought were as follows:
 (1) God and human beings created by Himself are the
embodiment of rationality;
(2) This rationality is the source of the universal law of nature
governing the world-state;
(3) Universal law binds all men and all nations;
(4) All men and all races are equal in the eye of this universal
law;
(5) Human legislation violating this universal law is invalid.
(6) A state can permanently and smoothly exist only when it
depends upon, and acknowledges, and gives effect to the
consciousness of mutual obligations and the mutual
recognition of rights that bind its citizens together.

III. Greco-Roman concept of natural law and Vedic concept of ‘Rta’

The Greco-Roman concept of natural law had its much earlier counterpart namely
the Vedic concept of cosmic justice (Vedic concept of ‘Rta’). Both concepts posit
natural law as an emanation from the eternal law which governs the universe and,
thus, establishes cosmic justice. In this sense, natural law is part of this eternal law
and hence, unchangeable and inviolable.

IV. Thomas Acquinas’ exposition of natural law

The paradigm of medieval natural law theorists and advocates, Italian philosopher
Thomas Acquinas (1224-1274 AD) posited God’s reason as eternal law (lex
aeterana) which results in three other types of laws – divine law (lex divina),
natural law (lex naturalis) and human law (lex humana) at three different levels of
the whole universal system. Eternal law governs the universe; divine law is the
revelation of God’s reason in Holy Scriptures like Veda, Koran, Bible, etc.; natural
law is such part of eternal law as is known to human beings because of their
rationality; human law (positive law) is made by a sovereign, a state, etc.; for its
validity, human law must comply with natural law. Thomas Acquinas’ fourfold
classification of law including natural law can be shown by the following diagram:
DIAGRAM 2

Eternal law

Divine law Natural law

Human law

V. Natural law and natural rights during the Middle Ages

During the Middle Ages conception of natural rights from natural law also started.
G.W. Paton says: “To the Middle Ages natural law may be the base on which
positive law is built, but a tendency arises to regard natural law as a superior body
of principles by the test of which the validity of positive law is to be judged. Thus
even in this period we see the germ of the later theory of natural rights”.
VI. Supremacy of natural law over positive law
Blackstone said : “This law of nature, being coeval with mankind and dictated by
God himself, is of course superior in obligation to any other. It is binding all over
the globe, in all countries, and at all times: no human laws are of any validity, if
contrary to this; and such of them as are valid derive all their force, and all their
authority, mediately or immediately, from this original”. Blackstone further said :
“Upon these two foundations, the law of nature and the law of revelation, depend
all human laws ; that is to say, no human laws should be suffered to contradict
these”.

VII. Underlying principles of natural law

In its metaphysical and divine sense, natural law is such part of eternal law as is
known to human beings because of their rationality and followed by them in their
individual and social life. In its modern scientific and rational sense, natural law is
the “dictate of reason”. As such, it is coeval with humankind. In its long history of
2500 years till date natural law has had as many meanings and doctrines as there
are its theorists and advocates. Yet the following underlying principles of natural
law have remained the same and constant till date :

(1) Natural law is part of eternal law and hence embodies

highest value – the summum bonum - to be followed and
observed by entire humankind;
(2) Natural law being based reason is a rational foundation
of moral judgment;
(3) Natural law is the begetter of natural rights;
(4) Natural law is higher than human (or positive) law;
(5) For its justness and validity, human law must conform to
natural law.
VIII. Influence of Medieval natural law and natural rights on English concept
of natural law and natural rights
In English legal system natural law and natural rights theories began with Hobbes
(1588-1679) (English philosopher) and had relative little hold till the 18th century.
Therefore, various charter rights in the English Magna Carta (1215) cannot be
called natural rights in the strict sense because those charter rights were political
concessions granted by King John to his English barons on their demand. Even the
rights given by the English Common law cannot be called natural rights, because
those rights derived from the case laws (judge-made laws). However, it cannot be
denied that under the influence of Medieval natural rights theory and practice
English charter rights and Common law rights had had the basic elements of
natural rights.
IX. Natural rights in the 18th century Europe
In the 18th century natural rights theory was the driving force of European
revolutionary activities and, simultaneously, viewed every human being as an
individual. With the rise of individualism in the 19th century state affairs, natural
rights theory gathered momentum and thought of each individual as having and
enjoying an area of sanctity. Even today most of natural rights theories retain a
trace of individualism.
X. Influence of natural rights and English Common law rights on the
bill of rights in the American Constitution
No doubt, the Declaration of American Independence (1776) and the bill of rights
incorporated en bloc in the US Constitution by the 1791 first ten amendments have
the foundation of natural rights and English Common law rights. This is clear from
the Declaration itself reproduced below:

“We hold these truths to be self-evident that all men are created
equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty and the
pursuit of Happiness. That to secure these rights Governments
are instituted among Men, deriving their just powers from the
consent of the governed. That whatever any Form of
Government becomes destructive of these ends, it is the Right of
 the People to alter or to abolish it, and to institute new
Government laying its foundation on such principles and
organizing its powers in such form, as to them shall seem most
likely to effect their Safety and Happiness”.

The Declaration is a national declaration of human rights for the entire

humankind.

The US Constitution is the prototype of all modern written constitutions

including Indian Constitution which embody and entrench “natural rights” in the
form of a bill of rights or the fundamental rights. Therefore, a bill of rights or the
fundamental rights guaranteed by any modern written constitution are natural rights
and, in this sense, are human rights. Says M. Ibohal Singh, “Thus, the Bill of Rights
in the US Constitution the Fundamental Rights in the Indian Constitution, etc. are
nothing but the natural rights of Man. It must, therefore, be concluded that
Constitutions are made in order to protect and preserve natural rights of Man, that
is to say, constitutions are their custodian. But constitutions are neither the
begetter nor the repository of Man’s natural rights”. Following the American
model, every modern democratic state has incorporated natural rights as a bill of
rights in its own Constitution.

XI. Influence of European concept of natural rights and the Declaration of

American Independence on French concept of human rights

French conception of human rights began with the French Revolution which gave a
dead-blow to French absolute monarchy and Feudalism and led the French
National Assembly to promulgate the French Declaration of the Rights of Man and
of the Citizen on August 12, 1789 and a new civil Constitution. The French
Declaration proclaimed a number of entitlements which are now generally called
civil and political rights : the basic principle that all men are born and remain free
and equal in their rights, also particular rights, including equality before the law,
freedom from arrest except in conformity with the law, the presumption of
innocence, protection against retroactivity of the law, freedom of opinion, freedom
of expression, and the well known definition of liberty as freedom to do anything
which is not harmful to others. The Declaration and the philosophy which it
enshrined inspired liberals and romantics all over Europe.
It is to be noted that European Enlightenment influenced the French
Revolution. But the Declaration of American Independence (1776) was the main
basis of the French Declaration of the Rights of Man and of the Citizen (1789) and
the two had the same object: to protect the citizen against arbitrary power and
establish the rule of law. Like the American Declaration, the French Declaration
speaks of and advocates the natural rights of man as the foundation of future
French Constitutions. As such, in the midst of political vicissitudes since 1789 –
three times a constitutional monarchy, twice an empire, once a semi-dictatorship,
and four times a republic – the continuing importance of the philosophy of the
French Declaration is indicated by the Preamble to the Constitution of the Fourth
French Republic (1946). The Constitution of the Fifth French Republic adopted on
28th September, 1958 also respects and solemnly affirms the dedication of the
French people to the Rights of Man and the principle of national sovereignty as
defined by the Declaration of 1789 which was reaffirmed and complemented by the
Preamble to the 1946 Constitution.

XII. Western concepts of natural rights as the roots of human rights today

The roots of the human rights proclaimed by the UDHR (1948) are traceable to the
Western concepts of natural rights. The western concepts of natural rights are
found in the Greco-Roman concept of natural law, Medieval theories of natural
law and natural rights, English Magna Carta, English Civil War, Glorious
Revolution, English Bill of Rights, Declaration of American Independence, French
Declaration of the Rights of Man and of the Citizen, Great European Movements
viz. Renaissance, Reformation and Enlightenment, etc. As such, the UDHR is
alleged to have depicted and asserted only the Western values. The evolution of
human rights proclaimed by the UDHR from the western concept of natural rights
can be presented in a logical argument given and diagrammed as follows:

DIAGRAM3
1 2 3 4 5

Note
Proposition (9) is the inference from propositions (1) to (5) jointly via
propositions (6), (7) and (8).