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This paper critically assesses Bentham's view that the idea of natural rights is nonsensical. Bentham's repudiation of natural rights is fundamentally premised on his conviction that rights are the creation of the law and law is a command of the sovereign. Thus, there are no laws and rights without government. Natural rights according to Bentham do not emanate from government and so, are not properly rights. In fact, they have no source and are anarchical. Contrary to Bentham's view, this paper argues that there are rights (natural rights) which exist prior to the formation of the government, and hence, not dependent on government. Thus, without government, these rights exist. They are not anarchical as claimed by Bentham. On the contrary, it is their non-recognition by the government that may engender a state of anarchy. The paper argues strongly that natural rights are the sine qua non for human development. Consequently, their denunciation constitutes an impediment to human development. The paper observes that the United Nations Universal Declaration of Human Rights, the American Declaration of Independence, and the French Revolution which have contributed enormously to human development, hinge on the idea of natural rights. The paper concludes, therefore, that the very idea that persons have natural rights (non-legal rights) is sensible, contrary to Bentham's view that it is nonsensical.
Keywords: Natural rights, Rights, Bentham's view of natural rights, Human development.
Introduction
The idea of the existence of basic non-legal rights (natural rights) is common among some thinkers in the history of political thought. Proponents of this view contend that humans possess natural rights independent and anterior to the establishment of government. These rights, according to them, are fundamental to all human beings. Therefore, the government owes its citizens the obligation to respect them. Thomas Hobbes and John Locke are among the major advocates of this view.
The view, however, has received a vigorous attack from some other thinkers. Notable among them is Jeremy Bentham. Bentham contends that there are no such rights. No rights existed anterior to the establishment of government. The government is the source of law, and rights are created by the law made by the government. Therefore, the idea that persons have rights (natural) independent of and prior to the establishment of...