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Concept of Rights: Conventional Theories of Rights: one-liners notes

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• The Concept of rights is a dynamic concept. • Negative and Positive Right:  • Negative Rights: these rights suggest the sphere where the state is not permitted to enter. • Freedom of thought and expression implies that the state shall not impose any restriction on individual's thought and expression, it will be described as there negative rights. • Positive Rights: prescribe the responsibility of the state in securing rights of individuals. • The state shall provide universal education to promote its citizens' faculty of thoughts and expression, it will be described as their positive rights. • Conventional Theories of Rights:  • (a) Theory of natural rights • (b) Theory of moral rights • (c) Theory of legal rights  • (d) Historical theory of rights and  • (e) Social-welfare theory of rights • Theory of Natural Rights: • Theory of natural rights represents an early expression of the liberal perspective on rights.  • It was very popular in 17th and 19th centuries political thou

Concept of Human Rights : One-liners notes: 1

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Human Rights:  • Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme of Universality during the 18th and 19th centuries.  • In 1831 Willam Lloyd Garrison wrote in a newspaper called The Liberator that he has trying to enlist his readers in "the great cause of Human Rights" so the term human rights probably came into use sometime between Panie's The Rights of Man and Garrison publication. • • The ideal of rights provides for an essential tool of analysis of the relations between individual and the state.  • Rights essentially belongs to the sphere of conflicting claims between individual and the state. • Rights come into the picture only when authority of the state is sought to be limited, or when individuals and their groups demand a positive role of the state to secure better conditions of life.  • If there are no rights of individuals to curb the authority of the government and to prescribe functions of the government, the assumes unbridl

Concept of Justice: Marxist Perspective

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             Marxist Perspective  Concern with Justice  : Status of the notion of justice in Marxist thought has remained a controversial subject. One view is that Marxism aims at replacing capitalism by socialism for which revolution is indispensable. Inclination towards justice women maintaining the existing system with minor changes, and thus making a departure from the basic tenets of Marxism. This view regards the question of just as irrelevant for the Marxist theory. It holds that the exploitation of workers as described in Marx's Capital (1861-79) is the natural characteristic of capitalism. It would be futile to regard it as the problem of injustice and to try to find its solution within the capitalist system. Marx did not seek any reform in the level of incomes and wages within the capitalist system itself, but he wanted to transform mode of production and property relations.     Again, in his Critique of the Gotha Programme (1875), Marx rebuked those socialists who became

Concept of Justice : Libertarian perspective : Nozick's & HAYEK'S theory

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  LIBERTARIAN PERSPECTIVE : Libertarian perspective on justice also treats liberty of the individual as its central problem. But it focuses on formal liberty and insists on minimal role of the state in economic activities of individuals. It regards the right to property as an important ingredient of individual liberty. It is larger opposed to the idea of welfare state. This perspective is chiefly represented by Nozick's theory of justice as well as Hayek's view of Justice.  NOZICK'S THEORY OF JUSTICE : Robert Nozick (1938-2002), and American philosopher, in his Anarchy State and Utopia (1974), sought to advance an alternative to Rawls's theory of justice. Whereas Rawls sought to moderate his libertarianism by modicum of egalitarianism and communitarianism, Nozick adhered to libertarianism in its pure form. If Rawls is known as a 'left liberal' or egalitarian liberal advocating a substantially redistributive welfare state, Nozick may be described as a 'rig

Concept of Justice : Liberal Perspective, Liberitarian Perspective, Marxist Perspective : Rawls, Nozick, Hayek and Marxist theory

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                 DIVERSE PERSPECTIVE ON JUSTICE   In moderns times, a significant part of political theory is directly and indirectly related to the problem of justice. This has given rise to diverse perspectives on justice. Of these, the following are particularly important: Liberal perspective; Liberitarian perspective; Marxist perspective; Feminist perspective; Subaltern perspective; and Communitarian perspective.  LIBERAL PERSPECTIVE : Liberal perspective on justice treats liberty as the central problem of justice. it is important to note that only the idea of substantive liberty will auger well for the realization of justice. This perspective  is chiefly represented by Rawls's Theory of Justice.  RAWLS'S THEORY OF JUSTICE : John Rawls (1921-2002), a contemporary American philosopher, in his celebrated work a Theory of Justice (1971), has pointed out that a good society is characterized by a number of virtues. Justice is the good first virtue of a good society. In other

Expected Questions on justice : Part- 2

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          Expected questions on Justice 1. Which one of the following features of Legal Justice has been wrongly listed?  Ans: Legal justice  has  no relationship with punishment 2. The dimensions of legal justice are determined by:  Ans: Constitution and statutes  3. Which one of the following does not fail within the dimensions of social justice?  Ans: Adjustment of society's interests  to  ensure individual happiness  4. Political justice is ensured by:  Ans: Political  parties  5. Economic dimensions of justice have been emphasised by:  Ans: Socialists 6. The Parliament and the Constitution are instruments of:  Ans: Legal Justice 7. The view  that there  is close  relationship between Justice and Equality is attributed to :  Ans: Socialists  8. Which one of the following attributes of Justice has been wrongly listed below?  Ans: Justice has a relation with equality  9. In the political shpere justice consists in:  Ans: Giving share to all  persons  in the administr

Expected questions on justice : Part-1

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                             Expected questions on Justice 1. The world  justice  has been derived  from 'justitia' which belong to language-  Ans: Latin  2. In his philosophy Plato has associated justice with-  Ans: Functions  3 . Which one of the following is not an attribute of justice?  Ans: It means maintenance of discrimination  4. Which one of the following is not an  attribute of justice?  Ans: It means  equality before law  5. It the primitive societies  justice was based on-  Ans: Tit  for tat  6 . Plato's  concept  of justice was based on-  Ans: Ethical and philosophical considerations  7 . Which is not true about Plato's concept  of justice?  Ans: He stressed only on inward aspect of human personality   8 . Which one of the following is true about Aristotle's views about justice?  Ans: It consisted in observing rules of equality 9. What is justice according to Plato?  Ans: Right of every  citizen to do  what he  qualified   10. 10 . Which one o