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...
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Unit-1 : Concept of Liberty : Part-6

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F.A. Hayek ( 1899 - 1992 ) : Hayek, in his constitution of liberty (1960), used the term 'liberty' and 'freedom' interchangeably. He argued that a man possesses liberty or freedom when he is not subject to coercion by the arbitrary will of another. This is the essence of individual freedom. Hayek particularly sought to contrast individual freedom with three other meaning of freedom, which represent 'political freedom', 'inner freedom', and 'freedom as power' respectively. 

          Political freedom allows participation of men in the choice of their government, in the process of legislation, and in the control of administration. Hence political freedom is neither a necessary nor a sufficient condition of individual freedom.

           Then, inner freedom refers to the extent to which a person is guided in his actions by his own considered will rather than by momentary impulse or circumstances. It stands opposed not to coercion by others but to moral weakness or the influence of passing emotions. Hence, it is different from individual freedom.

          In short Hayek identifies freedom as 'freedom' from constraints of the state' Hayek defines and defends liberalism as a doctrine which emphasizes the minimisation of the coercion powers of government. He argues that the should positively promote competition, and should undertake non-coercive service functions, as the market mechanism does not provide for all needs.

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