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 : Relation between Liberty, Equality and Justice

 


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 society. The idea of absolute liberty is a contradiction in terms. If liberty is defined as the 'absence of restraint', it cannot become a universal principle until it is qualified by the principle of equality. Equality calls for such restraints on liberty that liberty or freedom of one does not become a threat to another's similar and equal liberty. 

Equality : The principle of equality is, again, not the final principle of justice. Equality may be defined as the 'absence of discrimination'. In the legal or political sphere, this interpretation of equality will not present much difficulty. This could be intercepted as equality before the law, equal, legal personality of each individual, equal voting rights - 'one man, one one vote' principle, etc. But as we turn to the economic sphere, the mere 'absence of discrimination' may not meet requirements of justice. When society is divided into different strata due to disparities in possession of wealth, prestige and power - one class enjoying special privileges at the expense of another - the cause of justice will not be served by treating them entirely without discrimination. The principle of justice requires that the deprived and underprivileged sections should be given special protection in all competitive situations. 

Justice : In the final principle of justice, who is shipped to regulate human relations in society by the principle of liberty; but liberty is qualified by the principle of equality; and equality is further qualified by the principle of fraternity. The intention is to make sure that each individual gets a fair share in the advantages accruing from organised social life. Each individual gets a common civic minimum beyond which one's work is rewarded according to the value of the contribution to the public welfare. The principle of justice postulates not merely formal liberty and equality, but the transformation of those social conditions which obstruct the weaker and valnerable sections from enjoying substantive freedom and equality. Ths view brings liberty and equality very close to the principle of justice. 




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