Utopian Socialism’s Juristic Concept of Rights in the 19th Century

ZHANG Hengshan & FENG Yang

Abstract: The theoretical model of Utopian Socialism’s juristic interpretation of rights in the 19th century can be summarized as follows. The main purpose was to criticize and reform the inequality in real society; the private ownership of land being the main object of criticism; equality in the economic and social is the goal to be pursued; the realization of the basic interests of the working class and the lower classes the direction; the right to work the core content; and the “ought to” of obtaining benefits the main connotation of the concept of rights. This concept of rights guided the European workers’ movement in the early- and mid-19th century, supplemented the content of modern human rights, promoted legal changes, and advanced social progress. The uniqueness of Utopian Socialism’s juristic concept of rights means that it cannot be mixed with other schools’ concepts of rights.

Keywords: utopian socialist jurisprudence · equality · rights · ought to