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 Justice: Marxist Perspective

 




           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 complacent after raising the demand of 'fair distribution' within the existing system. Moreover, in Marxian framework of social analysis, Morality is regarded as a part of superstructure, and it is argue that historical changes in the base, viz. the mode of production result in corresponding changes in the criteria of right and wrong, just and unjust. Then, how can we determine any enduring principle of justice? Finally, according to Marx, the communist society which will be evolved after the dissolution of capitalism will be free from the conditions involving scarcity and conflict; hence the state and its judicial apparatus will no longer be required in that society. 

*Base and Supersturcture : The term 'base and superstructure' are used in Marxist Theory to describe the relation between economic structure of society and other aspect of social life. 

   Moreover, Marx firmly believed in freedom and humanism. How can we call him indifferent to justice? Marxism attacks those conditions of dominance and dependence which are the the glaring examples of of social injustice. You would, therefore, be improper to say that Marxism is not concerned with the problem of justice. He, of course, does not accept a solution which would serve as an excuse to retain capitalism with certain modifications. Marx (1818-83) and Engels (1820-95) have amply shown the extent of injustice which is inherent in the capitalist system itself. This is evident from the concept of surplus value. 

CONCEPT OF SURPLUS VALUE : According to Marxist theory, capitalist mode of production involves exploitation of the working class. Marx's theory of surplus value illustrates how this exploitation takes place. According to Marx, labour is the sole creator of value. Of the four elements of production - land, labour, capital, and organisation - three elements, viz. land, capital and organisation, are sterile because they are capable of reproducing only what is put in them. They are, therefore, no source of value. Labour only variable element which produces value in society. 

  The amount of labour embodied in a commodity should be calculated right from the beginning - the labour employed in producing the raw material, in processing the raw material, in mobilizing the sources of energy used, (e.g. coal and oil) and in constructing the machinery and building, etc. In saying that the must take into account the quality of labour required for its production in a given state of society, under certain average conditions of social production, and average skill of the labour employed. 

  Labour is only element of production which produces surplus value. In other words, labourers capable of producing much more than what is required to maintain development parpetuate it. 

   the capitalist forces the worker to labour to his maximum capacity while he page him only 'subsistence wages' at the market rate. In the way, the labour gets back only a part of the value that he producers in the shape of his wages.

  *Subsistence wages : subsistence wages refer to the wages required to meet the the requirements of mere survival of the worker and his family.

  The value produced by the labour may be derived into two parts: one part comprises that value which is paid to the worker as wages; the other part comprises the value of surplus labour done by him which is not paid to the worker but which soils the pockets of the capitalist and constitutes his profit. Rent and interest are paid out of this surplus value. If the capitalist employs his own capital, land and building,etc., the entire surplus value would go into his pocket; otherwise he will only get the industrial or commercial profit, and some part of the surplus value will be passed on to third parties. 

VISION OF THE SOCIALIST SOCIETY : The remedy of the injustice involved in the capitalist system lies in transition to the socialist system. Socialist system comes into existence after the overthrow of the capitalist system through a proletarian revolution. this system is characterized by social ownership of the major means of production. The production relations of the socialist society are based on co-operation and mutual assistance among the workers liberated from the exploitation. State Power is Steel necessary to be used for the operation of reactionary forces and also to destroy the values and attitudes posted by the capitalist system. The social system is, therefore, envisaged as eventually are sharing In The approach of a classless and stateless society described as communist society. 

   The social system, therefore, stands for that economic and political system which is established by the proletariat after a revolutionary the overthrow of the capitalist system.  It is coterminous with the The 'dictatorship of the proletariat'. This stage does not represent the final goal of revolution; it is only and interim stage of of transition from capitalism or communism.

   The functions of the state in socialist society are to be determined by the changed relations of production, which may be described under various heads. 

Socialization of Production and Distribution : The first socialist state, according to Marxist principles, who was established in Soviet Russia after the Bolshevik Revolution (1917) under the the stewardship of Lenin (1870-1924). Lenin sought to evolve a programme of action according to Marxist theory for his socialist state, although his own contribution in this sphere cannot be ignored. According to Lenin, the first and foremost function of the socialist state was complete socialization of the means of production and distribution in the sphere of industry as well as agriculture. 

  The Communist Party of Soviet Russia, immediately after the assumptions of power uh abolished private ownership of land without compensation to the big landowners, and expropriated the big capitalists, owners of factories, joint stock companies, banks, railways and so forth, without compensation. Large state farms and cooperative societies of small farmers were also organised.


Raising the Productivity of Labour : Maximization of production for the satisfaction of the masses is an important objective of the Marxist programme. Complete socialization of all all major means of production and distribution is mean to ensure production for the masses not for a particular class. Rising the productivity of labour is another important requisite of this programme. 







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