Some Theories of Rights

(A lot of this is taken from an article by Wenar)

There are two broad approaches to justifying rights--status-based theories and instrumental theories. Instrumental theories say that we have rights because generally speaking, they bring about good consequences--they make us better off. It is clear, however, that as part of the larger utilitarian framework, an instrumental theory of rights stands little chance of rendering any rights absolute. This is because the moment aggregate welfare might be improved by dispensing with rights, utilitarians will gladly do so. For example, a utilitarian will legislate progressive tax schemes that transfer money from the rich to the poor on the grounds that the poor have a higher marginal utility of wealth than do rich people. That is to say, a dollar is valued more by a poor person than by a rich person, so aggregate welfare would be improved if income were redistributed. To a utilitarian, property rights, like all other rights, are only valuable insofar as they promote aggregate welfare.

Status-based theories, on the other hand, seek a grounding of rights on the basis of human attributes--namely rationality, free will, autonomy, and the ability to regulate one's life in accordance with one's chosen conception of the good life. Status theorists contend that these attributes of humans make it fitting that humans should have certain rights.

Quinn on status-based rights:

"A person is constituted by his body and his mind. They are parts or aspects of him. For that very reason, it is fitting that he have primary say over what may be done to them—not because such an arrangement best promotes overall human welfare, but because any arrangement that denied him that say would be a grave indignity. In giving him this authority, morality recognizes his existence as an individual with ends of his own—an independent being. Since that is what he is, he deserves this recognition." (1993)

So status-based rights are, in a way, natural rights. That is, they arise from our nature as human beings possessing certain attributes that are worthy of respect. How we have those attributes, whether from God or some other source, is beside the point.