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 Equality : Full Concept


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 of all. In fact, when we talk of equality of all men, we really mean general equality and not absolute equality. We really talk of equitable distribution of opportunities and not equal reward for all. 

    The concept of equality stands for the elimination of all artificial and discriminatory man-made inequalities. It accepts natural inequalities among people but wants to eliminate unnatural social inequalities. It stands for social, economic, and Political equality in society. It postulate absence of privileged classess in society, equitable distribution of wealth of wealth and resources, adequate opportunities for all to earn their livelihoods, equal opportunities for the enjoyment of rights and liberty, and equal political rights.

Equality : Definition 

According to D.D. Rapheal, "The right to equality proper is a right of equal satisfaction of basic human needs, including the need to develop and use capacities which are specifically human".

According to Laski, "no man shall be placed in society that he can over-reach his neighbour to the extent which constitutes a denial of the latter's citizenship." 

According to Barker, "equal rights for all the people and the abolition of all special rights and privileges".

Features of Equality

1. Equality is not absolute in nature : Equality does not stands for absolute equality. It accepted the presence of natural inequalities. It stands for the abolition all un-natural and man-made inequalities. 

2. Absence of Privileged Classess in society : Equality stands for absence of specially privileged classess in the society It postulates the absence of all privileges based on birth, caste, creed, colour, sex, property and wealth. 

3. Equal rights for all : Equality postulates the grant and guarantee of equal fundamental rights and freedom to all the people. 

4. Equal satisfaction of primary needs of all : Equality means equal satisfaction of basic needs off all the persons before the special needs, comfort and luxuries of some persons may be met. Gap between rich and poor should be minimised. 

5. Equality stands for Equal and Adequate Opportunities : Equality implies the system of equal and adequate opportunities for development of all the persons in society.

6. Equality stands for fair and just rewards : Equality stands for an equitable and not equal distribution of rewards and resources. It admits rewards on the basic of merit and performance. 

Kinds Of Equality : Scholars identify several kinds of equality. Some scholars describe these as the contents of equality. There are six kinds of equality, which are :- 

1. Natural Equality : Despite the fact that men differ in respect of their physical and psychological traits as well as also in respect of their mental abilities and capabilities, all humans are to be treated as equal humans. All are to be considered worthy of enjoying all human rights and freedoms. Further, natural equality stands for the abolition of man-made artificial inequalities which may be present in a society. 

2. Social Equality : It stands for equal rights and opportunities for development for all classes of people without any discrimination. Specially, Social equality stands for : (i) absence of special privileges for any class or caste or religions group or an ethnic group; (ii) prohibited of discrimination against any one on the basis of race, caste, colour, creed, religion, sex, and place of birth; (iii) free access to public places for all the people, i.e. no social segregation; and (iv) equality of opportunity for all people, and infact assuring of adequate opportunities for development to all the people living in society. 

3. Civil Equality : It stands for the grant of equal rights and freedoms to all the people and social groups. All the people are to be treated alike in the matter of possession of rights. Each one should enjoy equal rights and equal protection of law. Its slogans are "Equal rights for all" "Only equal rights are really rights, unequal rights are privileges and not rights".

4.  Political Equality : It stands for equal participation of all in the political process. This involves the concept of grant of equal political rights to all citizens. It also means equal opportunities for political participation. Of course, it does not mean that there should be no qualification for getting the right to vote or for contesting an election or for holding a public office. It really means that under equal and uniform qualifications everyone should be given the opportunity to participate in the political process. This includes the attempt towards the elimination of poverty, and of role money power and muscle power in politics in general and electoral Politics in particular, and end of other such hindering factors. 

5. Economic Equality : Economic Equality does not mean equal treatment or equal reward for equal wages for all. It stands for equitable and adequate opportunities to all for work and for the earning of their livelihoods. It also means that primary needs of food, clothing and shelter of all should be met before the special needs of few get satisfied. The gap between rich and poor should be minimum. It accepts the presence of difference in incomes, rewards and profits but these should not be glaring. Moreover, as Laski writes "there must be sufficiency for all, before there is superfluity for few". 

6. Legal Equality : Finally, Legal Equality stands for equality before law, equal subjection of all to the same legal code and equal opportunity for all to secure legal protection of their rights and freedoms. Jean-Jaques Rousseau, in his 'Social Contract' (1762), observed that extention of legal equality to all citizens was the primary characteristic of civil society. Legal equality, which is taken for granted today, was, in fact, won after a prolonged struggle in human history. Ancient societies usually did not even entertain the idea of legal equality. 

EQUALITY AND LIBERTY : Equality and Liberty are two fundamental rights very dear to every human being. The French Revolutionaries demanded the two together along with fraternity. The American Declaration of Independence recorded the two supreme faculties of human being. Yet the relation between Liberty and Equality has been an object of controversy among the political scientists.

Two opposed views : One group, which however is in minority, holds that liberty and equality are opposed to each other. The main supporters of this view are Lord Action, De Tocqueville, Hogg, Hayek, Friedman and few others. 

The second group, which is in majority, however holds that not only liberty and equality are compatible, but also each is necessary for the other. Without liberty there can be no use of Equality and without equality there can be no real liberty. The main supporters of this view are Laski, Barker, Maclver, Pollard, Tawney l, Arnold Brecher, Pye and several others. 

A. Liberty and Equality are opposed to each other : Lord Action and De Tocqueville have been staunch supporters of this view that liberty and equality are opposed to each other. These two proceed in inverse ratio. The greater the liberty, the lesser is the equality. Lord Action has observed, "the passion for equality has made vain the hope for liberty." 

B. Liberty and Equality are not opposed to each other : Most of the contemporary scholars do not accept the logic of the view advanced by Lord Action and Others. They hold that both liberty and equality, far from being opposed to each other, are related and each is a condition of the of the other. These are compatible, complimentary and supplementary to each other. H . R . Tawney observes, "A large measure of equality far from being inimical to liberty is essential to it".

SCHOLARS OF EQUALITY : 

R.H Tawney : Equality 1931. He criticised equality of opportunity as 'Tadpole Philosophy' . 

Ruut Veenahoven : Three ways to establish equality of condition

         (i) Redistribution of power : Equal Political Power 

         (ii) Redistribution of Knowledge : Free and Equal education

         (iii) Redistribution of Income : Social welfare schemes, Rich, Poor gap.

Ronald Dworkin : Equalitarian, Liberal and Equalitarian are compatible. Maximum liberty can create inequality, and this inequality will be resolved. It is called Liberal Egalitarianism. He modified Rawls theory presented his Justice. 

       

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