Research On Legitimacy Of The Rights

In the society and country of the present time, the right is seen as one aspect of the moralvalue system. It symbolizes the degree of a society’s civilization, and it is also seen as aconcept in people’ heart. If people’s dignity is given enough support and people’s right isprotected well by the society, this demonstrates that people’s self-valuation is approved andsupported by the society. The right evolves from the original natural right to the present rightwhich is based on the social foundation. The right is in progress, this is the essentialrequirement of human progress and social development. The right exists on the base ofsociety in the end, this is the most reasonable form. In the long history of human development,the debate of the right theory has never stopped, and the contradiction appeared, while it isalso the contradiction which pushes the development. Therefore in the history of the humandevelopment, the debate of the right will always exist, and just because of the debate thehistory and the society progresses. So the legitimacy of the right can profit the citizen and it isthe inevitable trend of the social progress.Since the law exists, the right is the focus of the law theory of all the researches. And themost important nature of the right is the legitimacy. The embodiment of people’s self-valuesearching and the moral’s distillation requires that the right must contain the legitimatecharacter. The right which lacks of the legitimacy may turn to privilege even violence. Nomatter from the perspective of the right which appeared since human’s conscience or the rightwhich is protected by the law, or to the perspective of the right virtue and society, the rightmust exist in the base of legitimacy, it is the embodiment of the right’s value. In addition tothe original right and the right theory of the after scholars, the present thesis discusses thedifferent times have different demands about the right’s legitimacy mainly from theperspective of the right’s development. But the common point is that the right must bebeneficial to the individual and the society, that is to say the right is not only harmless but alsoadmitted by the society. If a society can insure its stability and development, it demands thelegitimacy of the civil rights. Only by this right, it can function well and emphasize thelegitimacy of the right, protect the right well and be helpful for the pushing the developmentof the right at the same time.