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Director of the Department of Private Law, Farabi University
Abstract
Some philosophers of natural rights believe that it is not possible to deduce natural rights according to criteria of civil societies and laws and regulations upheld in such societies, since it is not easy to make a distinction between natural rights and the other ones in these societies. Hence, these scholars have sought to illustrate a state of nature through rational analysis taking into account the pre-legislative stage and making attempts to deduce natural rights by analyzing this period. In this article, rights of women at a state of nature are examined from the perspective of philosophers such as Thomas Aquinas, Thomas Hobbes, John Locke and Jean-Jacques Rousseau. Although they consider the state of nature as a condition of equality among human beings, males are placed as the head of the family in the institution of the family. At the same time, emphasizing that the state of nature is the equality of all human beings lead to extension of this very equality to the women by women's rights activists contributing to formation of the feminist movement.
