Oil The Generation Of Rights

Abstract: How do rights generate is an old and strange, simple and complexquestion. Each Legal School of Western Law Circle discusses it insightfully. Thenaturalists believe that rights are born with us, and they are self-evident. But, thepositivists make sure that rights are only produced by law. Scholars of law sociologythink that rights generate from society. All the explains have one-sided scientific. So itis very necessary that we do more research with Marxist theory to this question. Theconcept of rights comes from the West. To start with discussing three major theories ofwestern society about how rights generate, I summarize the advantagesand shortcomings of them, then point out the complexity that how rights generate. It iswrong to attribute the generation of rights to any particular factor. We should keep theessence and discard the dregs. Only by this way can we find objective rules of rightsgeneration. There have rules in the generation of rights. Human’s living stylesdetermine the generation of rights, the diversity of rights is decide by human’s dualproperties, the development of human and society promotes the advance of rights.Under the domination of the rules, the generation of rights shows three different styles,including natural generation, case generation and parliamentary-legislation generation.Therefore, the style of rights generative is not single. Generally, rights demonstratethemselves by two or three patterns. There are particular mechanisms about thegeneration of rights, the hierarchy of needs, social power, the degree of differentiationof interests and so on, are included. The mechanisms of rights generation are complex inany society. These three mechanisms above show themselves by interacting. They showdifferent results in various situations as a Proteus face. Additionally, the generation ofrights is related to the era opportunity, and diverse occasional factors are the key point.For example, during the generation of the rights to development, there are specificrequirements of era background, particular sponsor first proposing, specific organizationconfirming it, which make the rights to development have era significance to humansociety. If only there was any wrong in the section above, the rights to developmentwould never be one of the most important law terms in this era. This also explains thatthere is full of coincidence and contingency in the inevitable rules of rights generation.