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 : Concepts of Liberty : Part-2

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NATURE OF LIBERTY :  The idea of Liberty  may be analysed in term of (a) freedom as the quality of human being ; and (b) freedom as the condition of human being.

a. Fredom as the quality of human being : when we consider freedom as the quality of human being , we assert that only a human being, as distinguished from other living beings, is capable of freedom. In short, freedom as the quality of human being is manifested is men's capacity for obtaining scientific Knowledge of inexorable laws of nature and applying them for the benefit of mankind.

b. Freedom as the condition of human being : when we consider freedom as the condition of human being , we enter the realm of liberty which is usually defined as 'absence of constraint'. We demand liberty for the human being (as a condition of life) because we treat him to be a rational culture. In this sence liberty implies that when a human being applies this rational faculty and comes to know what is best for himan he has the ability to achieve it, his activity should not be hindered by any external, unreasonable restraint.

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