Contractual rights

A contractual right is a claim, on other persons, that is acknowledged and perhaps reciprocated among the principals associated with that claim. Specialized contractual rights exist as part of a "contract" or agreement between persons to whom these rights belong.

One concept of rights is a principle of interaction between people which amounts to the simplest version of the Golden Rule ("Do unto others as you would have them do unto you"). But that presumes, without any basis, that others want you "Do unto others as you would have them do unto you". It is also not necessarily in one's powers to "Do unto others as you would have them do unto you". I would like others to give me a million dollars but, since they don't, I cannot reciprocate as the so-called "Golden Rule" suggests. However, everyone, including the totally handicapped, can "Avoid doing to others what you would not like them to do to you". This negative version is within everybody's ability. In other words, "Don't mess with me and I won't mess with you" is a mutually beneficial agreement between two or more people; each of them agrees to behave in a certain way towards the others so that they will behave in the same way towards him or her. This then is the "No harm to others" basis of functional legal systems under which each has a right not to be harmed by anybody else. Claims of rights which are not recognized and defended by an enforced legal system, are just rhetorical claims.

Other concepts of rights do not necessarily involve reciprocal supportiveness. Since ancient times there has existed a belief that parents are owed, as a right, the respect of their children. But if your children do not respect you they cannot pretend otherwise. Yet they have no right to harm their parents (e.g. by repeatedly expressing disrespect) Similarly, the marriage ceremony is believed by many to confer rights upon the two parties in exchange for thus bonding their lives to each other. Without the complexities of modern pre-nuptual contracts, however, the simplistic promises of ancient weddings are unworkable and false.

The move to making contractual rights mutual and equal is relatively modern. In ancient times contractual rights were often more one-sided, the rights of a father to be respected by his son didn't necessarily indicate a duty upon the father to return that respect. Even today, when we are so familiar with the concept of equal rights and mutual respect in society, the rights of children remain in dispute.


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