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...

Unit-1 : Concept of Liberty : Part- 3

 

DIMENSIONS OF LIBERTY: we may discuss three types of dimensions of liberty; civil liberty, political liberty and economic liberty of the individual. 

A. Civil Liberty : Civil liberty according to Barker ( Principles of Social and Political Theory; 1951 ) is the liberty of men in the capacity of an individual person - his personal liberty. This consists in three somewhat differently expressed articles: (a)
physical freedom from injury or threat to the life, health, and movement of the body; (b) intellectual freedom for the expression of thought and belief; and (c) practical freedom of a person to enter into mutual obligations with others in consideration o their mutual benefit - that is the freedom of contract.
         Of these, the first article is almost non-controvertial, freedom of movement etc. As for the second, article concerning the freedom of thought and belief. The third article of civil liberty mentioned by Beeker, viz. the freedom of contract, however needs closser examination.

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