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-5

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THE CONTEMPORARY DEBATE : Of these, Isaiah Berlin ( 1909 - 97 ), F.A. Hayek (1899 - 1992 ), Milton Friedman ( 1912 - 2006 ), and Robert Nozick ( 1938 - 2002 ) are the most prominent.

Isaiah Berlin ( 1909 - 97 ) : Isaiah Berlin, in his book Two Concept Of Liberty (1958), sought to give a new turn to the distinction between negative liberty and positive liberty. According to Berlin, negative liberty of individual consists in not being prevented from attaining his goal by other human beings. On the other hand, positive liberty treats individual as his his own master. In both cases liberty implies an absence of restraint. Political liberty belongs only to the sphere of negative liberty. In other words, the state can only secure negative liberty to the individual by ensuring that he is not prevented from choosing his course of action. On the other hand, positive liberty belongs to individual's own will and capacity which is beyond the scope of the state.

             The more logical distinction between negative liberty and positive liberty is one that focuses on the role of the state under different situations. According to this view, negative liberty consists in the 'absence of restraint', i.e. non-interference by the state in certain activities of the individual, to enable him to pursue his own happiness. Positive liberty, on the other hand, consists in extending the oppertunity to the to pursue his happiness.

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