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
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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 words, the question of justice would become significant in a situation where there is a widespread demand of social advantages that are in short supply, and where the criteria of allocation of these advantages can be openly discussed and adopted. 

  

*Authoritarian system :

Authoritarian system refers to a system of school or political organization where everything is required to conform to an established order, and it is regulated by the person or group which is recognized as the guardian of that order.


PHILOSOPHICAL CONTEXT : Justice is primarily a problem of discovering the 'right' course of action. Here the distinction between 'right' and 'wrong' becomes important. It is sometimes confused with the distinction between 'good' and 'evil' as if 'good' corresponds to 'right' and 'evil' correaponds to 'wrong'. Good is akin to useful, profitable, beneficial, and so on ; bad or evil implies harmful, damaging, and disadvantageous. 

JUSTICE AS A DYNAMIC IDEA : The term 'justice' implies the quality of being 'just', 'right' or 'reasonable'. It is opposed to what is 'unjust' , 'wrong' or 'unreasonable'. It embodies an ideal which is akin to the 'absolute truth', yet it is a dynamic idea because our realisation of that ideal and our comprehension of that absolute truth is a continuous process. 




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