Essay on Historical Theory of Rights
The Historical Theory of Rights emphasizes that rights are the product of history. They have their origin in customs which once possessed practical social utility and passed on from one generation to another, ultimately having been recognised as inherent claims or rights.Ritchie says that “those rights which people think they ought to have are just those rights which they have been accustomed to have, or which they have a tradition (whether true or false) of having once possessed.Custom is primitive law.” In explaining natural rights, advocates of the historical theory maintain that custom is their sanction. They are considered fundamental to the development of man, because they have been maintained by a long unbroken custom and the generations have habitually followed them: Habits are ‘natural’ as they grow. They are…