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Negative vs. Positive Rights

Posted: April 6th, 2022, 9:49 pm
by libertasbella
The difference between negative vs positive rights is that one requires action while the other requires inaction. Negative rights are the requirements of someone else not to interfere in your ability to obtain something. Positive rights are a requirement of someone else to provide you with something.

You may hear negative rights referred to as “liberties,” and that’s because they are basic human and civil rights stating that no one can interfere with our right to obtain something through trade or bartering.

Positive rights are often called “entitlements” because they are things that someone must provide to us, whether we’ve earned them or not. We don’t have to do anything to obtain positive rights; they’re granted to us.

A great example would be a person’s individual right to purchase something from a store. Some might think this is a positive right, but it’s actually a negative right. You have the right to go to the store and purchase a meal, provided you can pay for that meal. As a result, it’s your negative right to ensure that no one interferes with that.

Other negative rights are:

• Freedom of religion
• Freedom of speech
• Property rights

If you go there with money to pay for the meal, provide that money to the clerk, then the store worker must provide you with that meal.

A positive right refers to something that must be provided to you. For example, when you’re arrested, the police officer says:

“You have the right to an attorney; if you cannot afford one, one will be provided for you.”

That is a positive right.

You have the right to an attorney whether you can afford one or not; they’re required to provide that to you. That would be an entitlement. Even though you’ve done something wrong (allegedly), they are required to provide you with an attorney, which is a positive right.

There are many social and economic positive rights, as well. Housing, public education, national security, health care, social security, and certain standards of living are all positive rights. The government is required to provide you with these, even if you’re unable to provide them for yourself.

When we compare positive vs. negative rights, the negative right is not to be subjected to an action of another person. Meaning, you cannot coerce someone into providing you with something. A negative right only exists until someone negates it. You cannot force someone to provide something to you; your negative rights only exist as long as you can provide something yourself; it is not an entitlement but rather a liberty.

Positive rights, on the other hand, are subject to another person or group performing the action. To have a positive right, someone else must perform an action that is offering something to the situation. Where a negative right is requiring the person not to perform, a positive right requires them to perform.

Look at it this way:

A negative right forbids someone from committing and action against your rights.
A positive right obligates someone to act in accordance with your rights.


The distinction of positive and negative rights is practiced most prominently by Libertarians who believe that you can only create positive duties through the use of a contract. Many Liberal Democracies believe in negative rights, but they don’t all support positive rights. Regardless of each belief system, positive rights are usually guaranteed through laws.

Continue reading Negative vs. Positive Rights: Fundamentals and Criticisms on libertasbella.com

Re: Negative vs. Positive Rights

Posted: April 6th, 2022, 10:14 pm
by Durzan
The two are not mutually exclusive. Positive rights exist in part to ensure that negative rights or other positive rights aren't infringed upon in certain circumstances.

A positive right to a lawyer in theory exists to ensure that a person's right of due process is properly overseen. While the arguably positive right in and of itself that directly protects a person's negative rights. The government is obligated to take you to trial and prove you did wrong in order to legally infringe upon your inalienable rights.

Re: Negative vs. Positive Rights

Posted: April 6th, 2022, 10:41 pm
by Artaxerxes
libertasbella wrote: April 6th, 2022, 9:49 pm The difference between negative vs positive rights is that one requires action while the other requires inaction. Negative rights are the requirements of someone else not to interfere in your ability to obtain something. Positive rights are a requirement of someone else to provide you with something.

You may hear negative rights referred to as “liberties,” and that’s because they are basic human and civil rights stating that no one can interfere with our right to obtain something through trade or bartering.

Positive rights are often called “entitlements” because they are things that someone must provide to us, whether we’ve earned them or not. We don’t have to do anything to obtain positive rights; they’re granted to us.

A great example would be a person’s individual right to purchase something from a store. Some might think this is a positive right, but it’s actually a negative right. You have the right to go to the store and purchase a meal, provided you can pay for that meal. As a result, it’s your negative right to ensure that no one interferes with that.

Other negative rights are:

• Freedom of religion
• Freedom of speech
• Property rights

If you go there with money to pay for the meal, provide that money to the clerk, then the store worker must provide you with that meal.

A positive right refers to something that must be provided to you. For example, when you’re arrested, the police officer says:

“You have the right to an attorney; if you cannot afford one, one will be provided for you.”

That is a positive right.

You have the right to an attorney whether you can afford one or not; they’re required to provide that to you. That would be an entitlement. Even though you’ve done something wrong (allegedly), they are required to provide you with an attorney, which is a positive right.

There are many social and economic positive rights, as well. Housing, public education, national security, health care, social security, and certain standards of living are all positive rights. The government is required to provide you with these, even if you’re unable to provide them for yourself.

When we compare positive vs. negative rights, the negative right is not to be subjected to an action of another person. Meaning, you cannot coerce someone into providing you with something. A negative right only exists until someone negates it. You cannot force someone to provide something to you; your negative rights only exist as long as you can provide something yourself; it is not an entitlement but rather a liberty.

Positive rights, on the other hand, are subject to another person or group performing the action. To have a positive right, someone else must perform an action that is offering something to the situation. Where a negative right is requiring the person not to perform, a positive right requires them to perform.

Look at it this way:

A negative right forbids someone from committing and action against your rights.
A positive right obligates someone to act in accordance with your rights.


The distinction of positive and negative rights is practiced most prominently by Libertarians who believe that you can only create positive duties through the use of a contract. Many Liberal Democracies believe in negative rights, but they don’t all support positive rights. Regardless of each belief system, positive rights are usually guaranteed through laws.

Continue reading Negative vs. Positive Rights: Fundamentals and Criticisms on libertasbella.com
There are no positive rights. Only negative rights exist.

The misnamed right to an attorney is regulatory, not a positive right. You and I, on a normal day, so not have the right to an attorney. If you want to sue someone, the government is not just going to give you an attorney.

The only time when the government needs to give you an attorney is when they decide to charge you with a crime (usually a serious crime). In other words, if the government wants to prosecute you, then they must give you an attorney. This is a condition of prosecute, not a positive right, as the laws of America do not recognize such a thing.

Re: Negative vs. Positive Rights

Posted: April 6th, 2022, 10:58 pm
by Fred
Artaxerxes wrote: April 6th, 2022, 10:41 pm
libertasbella wrote: April 6th, 2022, 9:49 pm The difference between negative vs positive rights is that one requires action while the other requires inaction. Negative rights are the requirements of someone else not to interfere in your ability to obtain something. Positive rights are a requirement of someone else to provide you with something.

You may hear negative rights referred to as “liberties,” and that’s because they are basic human and civil rights stating that no one can interfere with our right to obtain something through trade or bartering.

Positive rights are often called “entitlements” because they are things that someone must provide to us, whether we’ve earned them or not. We don’t have to do anything to obtain positive rights; they’re granted to us.

A great example would be a person’s individual right to purchase something from a store. Some might think this is a positive right, but it’s actually a negative right. You have the right to go to the store and purchase a meal, provided you can pay for that meal. As a result, it’s your negative right to ensure that no one interferes with that.

Other negative rights are:

• Freedom of religion
• Freedom of speech
• Property rights

If you go there with money to pay for the meal, provide that money to the clerk, then the store worker must provide you with that meal.

A positive right refers to something that must be provided to you. For example, when you’re arrested, the police officer says:

“You have the right to an attorney; if you cannot afford one, one will be provided for you.”

That is a positive right.

You have the right to an attorney whether you can afford one or not; they’re required to provide that to you. That would be an entitlement. Even though you’ve done something wrong (allegedly), they are required to provide you with an attorney, which is a positive right.

There are many social and economic positive rights, as well. Housing, public education, national security, health care, social security, and certain standards of living are all positive rights. The government is required to provide you with these, even if you’re unable to provide them for yourself.

When we compare positive vs. negative rights, the negative right is not to be subjected to an action of another person. Meaning, you cannot coerce someone into providing you with something. A negative right only exists until someone negates it. You cannot force someone to provide something to you; your negative rights only exist as long as you can provide something yourself; it is not an entitlement but rather a liberty.

Positive rights, on the other hand, are subject to another person or group performing the action. To have a positive right, someone else must perform an action that is offering something to the situation. Where a negative right is requiring the person not to perform, a positive right requires them to perform.

Look at it this way:

A negative right forbids someone from committing and action against your rights.
A positive right obligates someone to act in accordance with your rights.


The distinction of positive and negative rights is practiced most prominently by Libertarians who believe that you can only create positive duties through the use of a contract. Many Liberal Democracies believe in negative rights, but they don’t all support positive rights. Regardless of each belief system, positive rights are usually guaranteed through laws.

Continue reading Negative vs. Positive Rights: Fundamentals and Criticisms on libertasbella.com
There are no positive rights. Only negative rights exist.

The misnamed right to an attorney is regulatory, not a positive right. You and I, on a normal day, so not have the right to an attorney. If you want to sue someone, the government is not just going to give you an attorney.

The only time when the government needs to give you an attorney is when they decide to charge you with a crime (usually a serious crime). In other words, if the government wants to prosecute you, then they must give you an attorney. This is a condition of prosecute, not a positive right, as the laws of America do not recognize such a thing.
A positive right is the right to defend yourself. This does not require action on anyone's part other than yourself. This right can not be taken away.

Re: Negative vs. Positive Rights

Posted: April 6th, 2022, 11:47 pm
by Artaxerxes
Fred wrote: April 6th, 2022, 10:58 pm
Artaxerxes wrote: April 6th, 2022, 10:41 pm
libertasbella wrote: April 6th, 2022, 9:49 pm The difference between negative vs positive rights is that one requires action while the other requires inaction. Negative rights are the requirements of someone else not to interfere in your ability to obtain something. Positive rights are a requirement of someone else to provide you with something.

You may hear negative rights referred to as “liberties,” and that’s because they are basic human and civil rights stating that no one can interfere with our right to obtain something through trade or bartering.

Positive rights are often called “entitlements” because they are things that someone must provide to us, whether we’ve earned them or not. We don’t have to do anything to obtain positive rights; they’re granted to us.

A great example would be a person’s individual right to purchase something from a store. Some might think this is a positive right, but it’s actually a negative right. You have the right to go to the store and purchase a meal, provided you can pay for that meal. As a result, it’s your negative right to ensure that no one interferes with that.

Other negative rights are:

• Freedom of religion
• Freedom of speech
• Property rights

If you go there with money to pay for the meal, provide that money to the clerk, then the store worker must provide you with that meal.

A positive right refers to something that must be provided to you. For example, when you’re arrested, the police officer says:

“You have the right to an attorney; if you cannot afford one, one will be provided for you.”

That is a positive right.

You have the right to an attorney whether you can afford one or not; they’re required to provide that to you. That would be an entitlement. Even though you’ve done something wrong (allegedly), they are required to provide you with an attorney, which is a positive right.

There are many social and economic positive rights, as well. Housing, public education, national security, health care, social security, and certain standards of living are all positive rights. The government is required to provide you with these, even if you’re unable to provide them for yourself.

When we compare positive vs. negative rights, the negative right is not to be subjected to an action of another person. Meaning, you cannot coerce someone into providing you with something. A negative right only exists until someone negates it. You cannot force someone to provide something to you; your negative rights only exist as long as you can provide something yourself; it is not an entitlement but rather a liberty.

Positive rights, on the other hand, are subject to another person or group performing the action. To have a positive right, someone else must perform an action that is offering something to the situation. Where a negative right is requiring the person not to perform, a positive right requires them to perform.

Look at it this way:

A negative right forbids someone from committing and action against your rights.
A positive right obligates someone to act in accordance with your rights.


The distinction of positive and negative rights is practiced most prominently by Libertarians who believe that you can only create positive duties through the use of a contract. Many Liberal Democracies believe in negative rights, but they don’t all support positive rights. Regardless of each belief system, positive rights are usually guaranteed through laws.

Continue reading Negative vs. Positive Rights: Fundamentals and Criticisms on libertasbella.com
There are no positive rights. Only negative rights exist.

The misnamed right to an attorney is regulatory, not a positive right. You and I, on a normal day, so not have the right to an attorney. If you want to sue someone, the government is not just going to give you an attorney.

The only time when the government needs to give you an attorney is when they decide to charge you with a crime (usually a serious crime). In other words, if the government wants to prosecute you, then they must give you an attorney. This is a condition of prosecute, not a positive right, as the laws of America do not recognize such a thing.
A positive right is the right to defend yourself. This does not require action on anyone's part other than yourself. This right can not be taken away.
No, that is a negative right. Positive rights are things the government must give you. Does the government give you self defense? Or, is it a negative right, meaning something the government can't interfere with?

Re: Negative vs. Positive Rights

Posted: April 7th, 2022, 12:27 am
by Durzan
Artaxerxes wrote: April 6th, 2022, 11:47 pm
Fred wrote: April 6th, 2022, 10:58 pm
Artaxerxes wrote: April 6th, 2022, 10:41 pm
libertasbella wrote: April 6th, 2022, 9:49 pm The difference between negative vs positive rights is that one requires action while the other requires inaction. Negative rights are the requirements of someone else not to interfere in your ability to obtain something. Positive rights are a requirement of someone else to provide you with something.

You may hear negative rights referred to as “liberties,” and that’s because they are basic human and civil rights stating that no one can interfere with our right to obtain something through trade or bartering.

Positive rights are often called “entitlements” because they are things that someone must provide to us, whether we’ve earned them or not. We don’t have to do anything to obtain positive rights; they’re granted to us.

A great example would be a person’s individual right to purchase something from a store. Some might think this is a positive right, but it’s actually a negative right. You have the right to go to the store and purchase a meal, provided you can pay for that meal. As a result, it’s your negative right to ensure that no one interferes with that.

Other negative rights are:

• Freedom of religion
• Freedom of speech
• Property rights

If you go there with money to pay for the meal, provide that money to the clerk, then the store worker must provide you with that meal.

A positive right refers to something that must be provided to you. For example, when you’re arrested, the police officer says:

“You have the right to an attorney; if you cannot afford one, one will be provided for you.”

That is a positive right.

You have the right to an attorney whether you can afford one or not; they’re required to provide that to you. That would be an entitlement. Even though you’ve done something wrong (allegedly), they are required to provide you with an attorney, which is a positive right.

There are many social and economic positive rights, as well. Housing, public education, national security, health care, social security, and certain standards of living are all positive rights. The government is required to provide you with these, even if you’re unable to provide them for yourself.

When we compare positive vs. negative rights, the negative right is not to be subjected to an action of another person. Meaning, you cannot coerce someone into providing you with something. A negative right only exists until someone negates it. You cannot force someone to provide something to you; your negative rights only exist as long as you can provide something yourself; it is not an entitlement but rather a liberty.

Positive rights, on the other hand, are subject to another person or group performing the action. To have a positive right, someone else must perform an action that is offering something to the situation. Where a negative right is requiring the person not to perform, a positive right requires them to perform.

Look at it this way:

A negative right forbids someone from committing and action against your rights.
A positive right obligates someone to act in accordance with your rights.


The distinction of positive and negative rights is practiced most prominently by Libertarians who believe that you can only create positive duties through the use of a contract. Many Liberal Democracies believe in negative rights, but they don’t all support positive rights. Regardless of each belief system, positive rights are usually guaranteed through laws.

Continue reading Negative vs. Positive Rights: Fundamentals and Criticisms on libertasbella.com
There are no positive rights. Only negative rights exist.

The misnamed right to an attorney is regulatory, not a positive right. You and I, on a normal day, so not have the right to an attorney. If you want to sue someone, the government is not just going to give you an attorney.

The only time when the government needs to give you an attorney is when they decide to charge you with a crime (usually a serious crime). In other words, if the government wants to prosecute you, then they must give you an attorney. This is a condition of prosecute, not a positive right, as the laws of America do not recognize such a thing.
A positive right is the right to defend yourself. This does not require action on anyone's part other than yourself. This right can not be taken away.
No, that is a negative right. Positive rights are things the government must give you. Does the government give you self defense? Or, is it a negative right, meaning something the government can't interfere with?
The government is required to give you a lawyer in service of your right to defend yourself in a court of criminal law. Since most people are ill equipped to sufficiently defend themselves, this makes sense to describe it as a limited "positive" right.

This is precisely why I said that "Positive" rights exist in part to provide additional framework and support to their respective "negative" rights.

Re: Negative vs. Positive Rights

Posted: April 7th, 2022, 1:38 am
by Niemand
Not sure about the store example. Yes, I agree, someone should have the right to be able to feed themselves etc, and the Covid passport etc thing seeks to undermine that, but I can also understand why some shops wouldn't want to let certain people in - I'm thinking of people who are genuine trouble for non-political reasons.

I can understand why a supermarket might not want to let someone in who is very obviously on heroin, and worse for wear, or someone who is behaving in a disgusting matter. I see the Covid passport as an example of obvious discrimination, and I'm not down with that type of thing, but having worked in a shop, I can understand why they wouldn't want to let certain people in.

Re: Negative vs. Positive Rights

Posted: April 7th, 2022, 9:48 pm
by libertasbella
Niemand wrote: April 7th, 2022, 1:38 am Not sure about the store example. Yes, I agree, someone should have the right to be able to feed themselves etc, and the Covid passport etc thing seeks to undermine that, but I can also understand why some shops wouldn't want to let certain people in - I'm thinking of people who are genuine trouble for non-political reasons.

I can understand why a supermarket might not want to let someone in who is very obviously on heroin, and worse for wear, or someone who is behaving in a disgusting matter. I see the Covid passport as an example of obvious discrimination, and I'm not down with that type of thing, but having worked in a shop, I can understand why they wouldn't want to let certain people in.
Good points. An authoritarian government would have every interest in forcing its citizens to provide their labor against their will. It makes the state the de facto owner of its citizens' labor, which would technically make them subjects.

Re: Negative vs. Positive Rights

Posted: April 8th, 2022, 9:13 am
by Jamescm
Niemand wrote: April 7th, 2022, 1:38 am Not sure about the store example. Yes, I agree, someone should have the right to be able to feed themselves etc, and the Covid passport etc thing seeks to undermine that, but I can also understand why some shops wouldn't want to let certain people in - I'm thinking of people who are genuine trouble for non-political reasons.

I can understand why a supermarket might not want to let someone in who is very obviously on heroin, and worse for wear, or someone who is behaving in a disgusting matter. I see the Covid passport as an example of obvious discrimination, and I'm not down with that type of thing, but having worked in a shop, I can understand why they wouldn't want to let certain people in.
The right of the customer isn't to come into the store to buy something. The right comes in giving someone what he pays for provided he pays for it. He doesn't have a right to deal with you, but he has a right to freely approach you and propose dealing with you. You have the right not to proceed with that proposal.

Our "negative rights", or liberties, are not civil rights. They are granted to us by God, they are divine rights. "Positive rights" are not. Through the Constitution of the United States, there are no legally valid entitlements in the United States of America. An entitlement can not exist without infringing the liberty of someone, somewhere. Entitlements do not exist in the government God helped establish here, I strongly suspect they did not exist in any notable capacity amongst the Nephites or early Israelites, and I know absolutely that they will not exist well into Christ's reign or in the Celestial Kingdom.