A legal right is defined as the type of right that is guaranteed under the constitution. Therefore, it is upheld by the law of a particular state and the judiciary system (Stanford Encyclopaedia of Philosophy, 2009, para 1).
Concept of a Legal Right
A person is always protected by the law. Therefore, the rights and duties are always guaranteed by the law. The sources of the rights are mainly customary, personal, and legal. Some of the basic rights that exist all over the world include the right to life and the legal right to own property. Some interests are, however, not protected by the law. Only the rights that are guaranteed under the law are enforceable (Stanford Encyclopaedia of Philosophy, 2009, para 5). The rights always have an origin or the other. The main sources include the custom, personal law, statues, and tort. There is a number of well-known features of a right. Some basic ones are:
- A right is only bestowed to a person and not to a non-living thing or an animal (Stanford Encyclopaedia of Philosophy, 2009, para 6).
- Rights are mainly a joining factor in relation to the outcomes that are evident
- The right is always specific and relates to some focus point, for example, the human being.
- The nature of a right may benefit a person and let him or her do something, but it may also deny him or her an opportunity.
- Every right can be traced to a source or the other be it customary or just natural law (Stanford Encyclopaedia of Philosophy, 2009, para 6).
Role/ Function and Application of Legal Right
The function of a legal right is to uphold the law and give justice to anyone who deserves it. The concept is applied in many legal cases to bring out justice and to create an atmosphere of equality hence ensuring that no one is above the law. The other key role of the law is upholding the rights that are vested in the constitution (LAW, GOVERNMENT AND SOCIETY, 2010, para 12). This functions as the primary and key idea that any law implementer had in mind when drafting it.