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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Unit-1 : Concept of Liberty : Part-7

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Milton Friedman ( 1912 - 2002 ) : Friedman, in his Capitalism and Freedom (1962), sought to identify capitalism or a competitive market society as a necessary condition of freedom, which implies repudiation of equality for the sake of maintaining freedom. He defines freedom as 'the absence of coercion of a man by his fellow men', and argues that freedom of the individual, or perhaps of the family is the liberal's ultimate goal in judging social arrangements. He suggests that 'a free private enterprise exchange economy' or 'competitive capitalism' is both direct component of freedom , and a necessary though not a sufficient condition of concept of freedom. Hence, Friedman's concept of freedom is ill-conceived and partial.

Robert Nozick ( 1938 - 2002 ) : Nozick is another prominent liberal who seeks to oppose the principal of equality in strong terms. In his Anarchy, State and Utopia (1974), Nozick tries to determine functions of the state on the basis of his theory of origin of the state. Following Locke's method, Nozick asserts that individuals have certain rights in the state of nature. They would hire protective associations for their property holdings. The dominant protective association would become the 'state'. Nozick maintains that the acquisition or transfer of property without force or fraud is just, but not otherwise. Rights are the product of voluntary exchanges. The state come into existence for the performance of limited functions, particularly for the maintenance of property rights of the individuals.

DISTINCTION BETWEEN NEGATIVE AND POSITIVE LIBERTY :

  Negative Liberty : Liberal View : when is person is able to fulfill his self-appointed goals, he should face no restriction or obstruction in his way (Absence of restraint, coercion or interference)

  Positive Liberty : (a) Libertarian View : A condition of self-mastery, i.e. when individual's higher self has full control over his lower self, when his transient, irrational desires are subordinated to his genuinely rational desires and consciousness of long-term ends, it is dependent upon his own moral strength.

      (b) Humanitarian View : A condition in which the state plays a positive role in the 'removal of constraints' from individual's life by providing the means of good life, particularly by developing his own capacity to acquire those means of recreation, culture development, and so on.

   ( Libertarian believe that the state can secure only negative liberty of the individual, acquisition of positive liberty is his own concern. On the other hand, moralists or humanitarians expect the state to secure positive liberty of the individual through its various welfare programmes).

           

          * Next topic questions paper on                                           Liberty*

 

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