Concept of Rights: Conventional Theories of Rights: one-liners notes

-
Image
• 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...
Post a Comment

Unit-1: Concepts of Liberty : Part-1

-
  
 Introduction : The concept of 'Liberty' or 'Freedom' denotes a very important princi- ple of political philos- ophy. Liberty is some- times regarded as the distinctive principle of liberalism, but free-dom is acclaimed as a universal principle.

Liberty' words derived from the Latin word 'liber' which means 'free'. In this sence liberty means freedom from restraints and the freedom to act as one likes. Liberty may formally be described as ' absence of restraint'.

Negative and Positive Liberty : 
                          
                        Liberty stands defined and conceptualized in two ways : Negative Liberty & Positive Liberty. 
 A. Negative Liberty : In a negative sense Liberty is taken to mean an absence of restraints and as a freedom to act is any way. Negative conception of Liberty stands rejected in contemporary times.
 B. Positive Liberty : In it's positive sence, Liberty is taken to mean freedom under rational and logical restraints which have stood the test of time. Positive Liberty means liberty under law i.e. liberty under the rational necessary restraints imposed by law. In a civil society civilised society only positive liberty can be available to the people.

Comments

Post a Comment

Popular posts from this blog

Concept of Justice : Classical Theories of Justice : Plato, Aristotle, Modern view of Justice

-
Image
  CLASSICAL THEORIES OF JUSTICE :   Plato's Theory of Justice : It would be significant to observe at the outset that the modern concept of justice is different from the traditional concept. Traditional concept of justice focused on the 'just man'. It was primarily concerned with the virtues befitting a man for enhancing his moral worth. It consisted in the performance of his duties attached to his status as determined by the prevalent law, social customs and mood of thought. A typical example of the traditional approach to the problem of justice is provided by Plato's theory of justice which sought to prescribe the duties of different citizens and required them to develop virtues befitting those duties.      Plato prescribes different duties for different classes of citizens whose fulfillment would be instrumental in building up a just social order. Justice results from each element in society doing its appropriate task, doing it well and doing it only. in orde...
Read more

Concept of Justice : Relation between Liberty, Equality and Justice

-
Image
  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 i...
Read more

Unit-1 : Concept of Liberty : Part- 3

-
Image
  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 ...
Read more