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 centurie...
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Unit-1 : Concept of Liberty : Part-4

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B. Political Liberty : Whereas a man enjoys civil liberty in the capacity of an individual person, he enjoys political liberty in the capacity of a citizen. To William Blackston ( 1723 - 80 ), political liberty meant the power of curbing government, from which it follows that he conceived of government as something external. This view of political liberty postulates the tangible right of the people to be represented in decision making bodies, and to influence their decisions by freely articulating their views and options on issues of public policy.

C. Economic Liberty : Economic liberty, broadly speaking, belongs to man in his capacity as a worker wheather with hand or brain, engaged in some gainful occupation or service. In this sense, Barker suggests that economic liberty is implied in the articles of civil liberty already enumerated. In fact, however, economic liberty is a ticklish issue. In short, it is in the economic sphere that the claims of negative liberty and positive liberty come into direct conflict and confrontation.

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