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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 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

Concept of Justice : Dimensions of Justice (Legal, Political and socio-economic)

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  DIMENSIONS OF JUSTICE : When the modern idea of justice is applied to the various aspects of social life, we get legal, political and social economic notions of Justice.  LEGAL JUSTICE  : The term 'legal Justice' is broadly applied in two contexts : (a) 'justice according to law' (formal justice) - here we do not question the validity of law but focus on the principle of administration of justice according to the prevalent law; and (b) 'law according to justice' - here we examine the substance of law itself to ensure that it conforms to the requirements of justice.      This view represents an outstanding example of the concept of legal justice as 'justice according to law'. It does not question wheather a particular law itself is right or wrong, on the plea that there is no scientific way of such verification. A good law is known by its efficiency in attaining it's purpose, whatever that purpose may be. In this sence, the problem of justice has no

Concept of Justice : Classical Theories of Justice : Plato, Aristotle, Modern view of Justice

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  CLASSICAL THEORIES OF JUSTICE :   Plato's Theory of Justice : It would be significant to observe at the outset that the modern concept of justice is different from the traditional concept. Traditional concept of justice focused on the 'just man'. It was primarily concerned with the virtues befitting a man for enhancing his moral worth. It consisted in the performance of his duties attached to his status as determined by the prevalent law, social customs and mood of thought. A typical example of the traditional approach to the problem of justice is provided by Plato's theory of justice which sought to prescribe the duties of different citizens and required them to develop virtues befitting those duties.      Plato prescribes different duties for different classes of citizens whose fulfillment would be instrumental in building up a just social order. Justice results from each element in society doing its appropriate task, doing it well and doing it only. in order to ach

Concept of Justice : Relation between Liberty, Equality and Justice

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  RELATION BETWEEN LIBERTY EQUALITY AND JUSTICE : Ernest Barker (Principles of Social and Political Theory; 1951) has shown that represents a synthesis of the principles of liberty, equality and fraternity. Justice is the thread which runs through all these values and makes them parts of an integrated whole.           In this respect, all individual should be treated as equal to each other. No individual can be treated as superior as superior or inferior to another because of his place of birth, race, religion, language, culture, sex, education or economic status. Irrespective of these of these differences, all individuals are potentially capable of acquiring excellence and making suitable contributions to the social good. They need equal freedom of personal development in their own right so as to prove their worth of society.   Liberty : Now the principle of liberty will not conform to the principle of justice until the benefit of liberty is equality extended to each individual in so

Concept of Justice : Part-1

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  INTRODUCTION :  Political thinkers since earliest times have been trying to formulate the concept of Justice. However, with the dawn of modern consciousness, especially under the influence of the principles of democracy and socialism, this concept has been thoroughly transformed. As a result, the traditional view of justice has given way to the concept of social justice.  IDEA OF JUSTICE : Justice is primarily a problem of moral philosophy. But since it has to be implemented by a political order, it also becomes a problem of political philosophy. Here it is important to note that the quest for justice will not be relevant in a purely authoritarian, purely competitive or purely communist regime. In a purely authoritarian system - wheather it belongs to their traditional type or modern type - all allocation is made according to the dictates of an established authority.          Search for justice would, therefore, be relevant only in an open society in a situation of scarcity. In other

Important Questions on Equality : Expected Questions : Part-2

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35. The philosophers of the seventeenth and eighteenth centuries emphasised -  Ans : Social and economic equality only  36. In the twentieth century greater emphasis was laid on -  Ans : Social ans economic equality  37. Civil or legal equality is a feature of -  Ans : All democratic governments  38. Equality before law falls in the category of -  Ans : Civil equality  39. The grant of franchise to women on equal terms with men is assertion to women on Equal terms with of the principle -  Ans : Political equality  40. Which one of the following statements is correct?  Ans : Legal equality is imperfect until there is economic equality  41. Social equality means -  Ans : No person should be made to suffer a position of relative inferiority in relation to other men due to difference in caste, race, religion, etc.  42. Which one of the following thinkers considered liberty and equality as complementary?  Ans : Maciver  43. Economic equality means that -  Ans : Every citizen is able to sati

Important Questions on Equality : Expected Questions : Part-1

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  1. Where is written that man are born equal and always continue to be free and equal in respect of their rights?  Ans : Slogan of Glorious Revolution 2. Who said that all men are created equal?  Ans : U.S. Constitution  3. The type of equality, which believes that that that all should be treated as equal partners in society, is called :  Ans : Social Equality  4. Liberty and Equality are :  Ans : Contradictory  5. Statement correct is :  Ans : Economic equality means action of certain basic needs of all citizens before special facilities are provided to fee.  6. Who said, " Political Liberty without economic equality is a myth"?  Ans : G.D.H. Cole  7. The view that, "Liberty and Equality are incompatible" was expressed by :  Ans : Dc Tocqueville  8. Liberty and Equality are :  Ans : Complementary to each other  9. Which one of the following statements is correct?  Ans : Absolute equality is impossible  10. Equality in is the negative sense means: Ans : Absence of

Concept oF Equality : Full Concept

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Introduction : Like Liberty, Equality also constitute an important foundation of democracy. In fact, Liberty and Equality are too vital rights which constitute two basic pillars of democracy. The French Revolution demanded equality along with liberty and fraternity. The French Declaration Rights of Man and Citizens 1789, categorical stated "Men are born and always continue to be free and equal in respect of their rights". The Preamble of the Indian Constitution defines Equality as one of the four basic objectives of the Indian Polity, the other three being justice, Liberty and Fraternity.  Meaning of Equality : In common usage equality is conceptualised as absolute equality of all men and women, and equality of treatment and reward. It is defined and justified as natural equality. It is held that all men are born natural and free. The French Declaration of Rights and the American Declaration of Independence, both upheld natural equality of all men and called for equal rights

Important Questios on Liberty : Expected Questions

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 1. "The individual is free in the civil state as he was in the state of nature" who said this? Ans : Rousseau   2. "The God who gave us life, gave us liberty at the same time" - Ans : Jefferson 3. "State must not interfere in the self regarding acts of individual" - Ans : J.S.  Mill  4. "Where there is no law, there is no freedom" - Ans : J.S. Mill  5. Which one of the following thinkers subscribe to the positive concept of 'Liberty'  ? Ans : T . H .  Green  6. "Man is born free, but every where hi is in chain". - Ans : Rousseau  7. Determine Green's priority of the following concepts - Ans : Consciousness, Liberty, Right, State  8. The classification of human action as self- regarding and other-regarding was made by?  Ans : J . S .  Mill  9. Green has defined liberty as -  Ans : capacity to do thing that are wroth doing.  10. "If liberty and law do not quarrel, liberty quarrel with itself' -  Ans : Barker  11. The

Unit-1 : Concept of Liberty : Part-7

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  Milton Friedman ( 1912 - 2002 ) : Friedman, in his Capitalism and Freedom (1962), sought to identify capitalism or a competitive market society as a necessary condition of freedom, which implies repudiation of equality for the sake of maintaining freedom. He defines freedom as 'the absence of coercion of a man by his fellow men', and argues that freedom of the individual, or perhaps of the family is the liberal's ultimate goal in judging social arrangements. He suggests that 'a free private enterprise exchange economy' or 'competitive capitalism' is both direct component of freedom , and a necessary though not a sufficient condition of concept of freedom. Hence, Friedman's concept of freedom is ill-conceived and partial. Robert Nozick  ( 1938 - 2002 ) : Nozick is another prominent liberal who seeks to oppose the principal of equality in strong terms. In his Anarchy, State and Utopia (1974), Nozick tries to determine   functions of the state on the bas