Which of the following statement/s about the Legal theory of Rights is/are incorrect?
(A) Rights are absolute.
(B) Rights are created by the state.
(C) Rights are inherent in men.
(D) Rights are artificial.

Question

Which of the following statement/s about the Legal theory of Rights is/are incorrect? 
(A) Rights are absolute.
(B) Rights are created by the state. 
(C) Rights are inherent in men. 
(D) Rights are artificial.

Accepted Answer

The correct option is 3:

The correct option is **3: Only (A) and (C) are incorrect** statements regarding the Legal Theory of Rights. This theory, championed by thinkers like John Austin and Jeremy Bentham, fundamentally asserts that rights are not pre-existing or natural, but rather creations of law enforced by the state. Therefore, a right exists only if and when it is legally recognized, protected, and enforced. Statement (C) "Rights are inherent in men" is a core tenet of the Natural Rights theory (or Liberal theory), which the Legal theory directly opposes. Natural Rights theory posits that humans possess rights simply by virtue of being human, independent of any state recognition. Since the question asks for statements that are *incorrect* according to the Legal theory, statement (C) must be included as incorrect. Furthermore, statement (A) "Rights are absolute" is incorrect in nearly all modern political and legal contexts, including the Legal theory. The Legal theory maintains that rights are always subject to legal restrictions, limitations, and regulations established by the sovereign law-making authority, usually to ensure order, public interest, and the equal rights of others. Therefore, no legal rights are absolute. Thus, both (A) and (C) are assertions that the Legal theory of rights would deem incorrect.

The incorrect option is 1:

Option 1 suggests that "Only (A) is incorrect." While statement (A) "Rights are absolute" is indeed incorrect under the Legal theory (as all legal rights are limited by law), this option fails to recognize that statement (C) is also incorrect from the legal perspective. The Legal theory rejects the notion of inherent or natural rights, making statement (C) directly contradictory to its core principles. Since the Legal theory rejects two statements, selecting only one as incorrect makes this option incomplete and thus inaccurate in the context of the question.

The incorrect option is 2:

Option 2 states that "Only (A) and (B) are incorrect." We have already established that statement (A) "Rights are absolute" is incorrect. However, statement (B) "Rights are created by the state" is actually a central, defining tenet of the Legal theory of Rights. The very essence of the Legal theory is that the state is the source of all rights. Therefore, statement (B) is a *correct* statement about the Legal theory. Including statement (B) in the list of incorrect statements contradicts the foundational principles of the Legal theory itself, making this option fundamentally wrong.

The incorrect option is 4:

Option 4 suggests that "(A), (C) and (D) are incorrect." We know that (A) and (C) are incorrect statements regarding the Legal theory. However, we must analyze statement (D) "Rights are artificial." The Legal theory, by asserting that rights are creations of the state and not natural or inherent (C), implicitly views rights as human-made or artificial constructs of the legal system. As they are established by positive law rather than nature, the term "artificial" is often used synonymously with "legal" or "man-made" in this philosophical context. Since the Legal theory would accept that rights are artificial (not natural), statement (D) is actually a *correct* description of the theory. Including a correct statement (D) in the list of incorrect statements makes option 4 inaccurate.