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RIGHTS (INTRODUCTION (EVOLUTION OF RIGHTS (. (NATURAL RIGHTS :arrow…
RIGHTS
INTRODUCTION
RIGHTS ARE ENTITLEMENTS OF MAN : MODERN CONCEPT
IN MEDIVAL TIME: DIVINE RIGHTS OF KING
ACC. TO DWORKIN:
RIGHTS ARE TRUMPS: RIGHTS ARE CLAIMS WHICH WILL HAVE PRIORTY OVER ALL OTHER CLAIMS
RIGHTS ARE A RESULT AGAINST THE OPPRESSION
SO THAT FREE MARKET CAN WORK
EMERGED FOR DEMAND OF EQUALITY BY NEW BOURGEOISE CLASS AGAINST FEUDAL SOCIETY
RIGHTS ARE ALWAYS FOLLOWED BY SOMEONE'S DUTY
DUTY OF OTHER INDIVIDUAL OR DUTY OF STATE
IF STATE UNABLE TO FULLFILL ITS DUTY(PROTECT RIGHTS OF CITIZENS) THAN DUTY OF CITIZENS TO RESIST AGAINST STATE
RIGHTS IS A TOOL TO ANALYSE RELATION B/W STATE AND INDIVIDUAL
RIGHTS CAN ONLY COME IN PRACTICE WHEN AUTHORITY OF STATE IS LIMITED
GOVERNIBILTY IN A STATE IS ABOUT BALANCING B/W RIGHTS AND AUTHORITY
IF NO RIGHTS OR ABSOLUTE AUTHORITY
LEADS TO CORRUPTION , EXPLOTATION, IN JUSTICE
IF NO ATHORITY
LEADS TO LAW OF JUNGLE: MIGHT IS RIGHT
RIGHTS ARE OF TWO TYPEWS
NEGATIVE RIGHTS
RESTICTION ON STATE: LIKE FREEDOM OF SPPECH AND EXP.
PROVIDED BY CAPITAIST STATE: CIVIL AND POLITICAL RIGHTS
POSITIVE RIGHTS:
RESPONSIBILTY ON STATE: LIKE TO EDUCATION
PROVIDED BY SOCIALIST STATE: SOCIAL AND ECONOMIC RIGHTS
EVOLUTION OF RIGHTS
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NATURAL RIGHTS
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NIGHTWATCHMAN STATE
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CIVIL RIGHTS
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CONSTITUTIONAL RIGHTS
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POLITICAL RIGHTS
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DEMOCRATIC STATE
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SOCIO-ECONOMIC RIGHTS
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WELFARE STATE
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HUMAN RIGHTS
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HUMAN WORLD ORDERT
MARXIST PRESPECTIVE OF RIGHTS
RIGHTS ARE DESIGNED TO SERVE THE INTEREST OF BOURGEOISE CLASS.. AS STATE IS INSTRUMENT OF BOURGEOISE CLASS
THESE RIGHTS ARE SECURED BY LAWS.. BUT LAWS ARE NOTHING A PART OF SUPERSTRUCTURE BUILD ON ECONOMIC BASE
MARX HELD RIGHT HAVE NO MEANING .. BUT RIGHTS WERE ESTD. TO GLORIFY THE EXPLOITS OF MAN
LIBERAL THEORY CONVERTED
RATIONAL MAN INTO ECONOMIC MAN
SO MARX HELD NO RIGHT OF MMAN ARE CONDUSIVE BUT RIGHTS OF SOCIETY
ANGELS HELD
RIGHTS CAME INTO EXISTENCE FOR BOURGEOISE DEMAND FOR EQUALITY FOR FREE TRADE AGAINST FUEDAL CLASS
BUT THEY DIDN'T EXTEND IT TO PROLETARIET
LENIN AFTER BRINGING THE REVOLUTION IN RUSSIA
HELD THAT BOURGEOISE RIGHT(PROPERTY) HAS BEEN DISAPPERED AND OTHER ECONOMIC AND CIVIL RIGHTS ARE EXTENDED TO ALL..(BUT NOT DONE)
THEORIES OF RIGHTS
NATURAL RIGHTS
MORAL RIGHTS
LEGAL RIGHTS
HISTORICAL THEORY OF RIGHTS
SOCIAL WELFARE THEORY OF RIGHTS
EVALUATION OF NATURAL RIGHTS:(CRITISM) AND OTHER THEORIES
NATURAL RIGHTS THEORY IS AMBIGIOUS
NATURAL RIGHTS ARE CLAIMED TO IMMUTABLE
BUT ACTUALLY THEY ARE EVOLVING AND DYNAMIC IN NATURE
ARISTOTLE:
CALLS AND JUSTIFIES SLAVERY AS NATURAL
ALSO ARISTOTLE HELD WOMEN AS A INFERIOUR MEN
BUT IN MODERN TIMES IT ALL CHANGED .. MEN AND WOEN ARE BROUGHT AT PAR AND SLAVERY ABOLISHED
PROPERTY WAS CONSIDERED AS MOST IMP. NATURAL RIGHT BY LOCKE
BUT IN WAKE OF PRESSURE FROM SOCIALISM. PROPERTY WAS DROPPED
EVEN AMERCICAN CONS. QUOTE FUNDAMENTAL RIGHT AS:
LIFE, LIBERTY, AND PURSUIT OF HAPINESS
THEORY OF LEGAL RIGHTS BY BENTHAM
ACC. TO BENTHAM: RIGHTS ARE PROPERLY CREATION OF LAW
NATURAL RIGHTS ARE NONSENSE NON SENSE BUILT UPON STILTS
ACC. TO HIM
NATURAL RIGHTS IS A TERRORIST LANGUAGE AND NATURAL RIGHTS RESULTS INTO ANARCHY
BENTHAM SUPPORTS HOBBESIAN TRADITION
THAT IN STATE OF NATURE MIGHT IS RIGHT.. ONLY WHEN STATE COME TO EXISTENCE: MAN ENJOYS RIGHTS
MAN HAS LIBERTY WHERE THE LAW IS SILENT
RIGHTS AGAINST WISHES OF STATE CARRIES NO MEANING
CONSERVATIST THEORY
(HISTORICAL THEORY):
EDMUND BURKE
ACC. TO HIM: NATURAL RIGHTS ARE META PHYSICAL ABSTRACTION.
IT MEANS THERE IS NO EXISTENCE OF NATURAL RIGHTS . ACC. TO CONSERVATIST: REAL SOURCE OF RIGHTS IN SOCIETY IS CUSTOM AND TRADITION
THEORY OF MORAL RIGHTS
T.H GREEN
THOMAS PAINE
IMMANUAL KANT
CONCEPT OF HUMAN DIGNITY. WHAT IS RIGHT OR WRONG IS THE SOURCE OF LAW?
HELD THAT NATURAL RIGHTS CAN'T BE UNIVERSAL: DIFFERENT FOR DIFFERENT SOCIETY(ALTHOUGH SAME CAN BE TRUE FOR MORAL RIGHTS ALSO)
SOCIAL WELFARE THEORY OF RIGHTS:(LASKI)
GIVES CONCEPT OF SOCIAL JUSTICE
SOCIAL JUSTICE: A SOCIAL POLICY THAT SEEKS TO PREVENT CONCENTRATION OF VALUEBLE RESOURCES OF COMMUNITY IN FEW HANDS
BUT SOCIAL WELAFRE COMES IN CONFLICT WITH NATURAL RIGHTS
CONCEPT OF SOCIAL JUSTICE EMERGED FROM POSITIVE CONCEPT OF LIBERTY
LAKSI CONCEPT OF RIGHTS:
3 POLITICAL RIGHTS
RIGHT OT FRANCHISSE
RIGHT TO BE HEAD OF THE STATE
RIGHT TO BE CHOOSEN FOR PUBLIC OFFICE
4 SOCIAL RIGHTS
RIGHT TO EDUCATION
RIGHT TO HUMANE CONDITION IN WORK PLACE
RIGHT TO WORK FOR LIVELIHOOD
RIGHT OF INSURANCE AGAINST UNEMPLOYEMNT
1 CIVIL RIGHT
FREEDOM OF SPPECH EVEN TO CRITICISE GOVT.
1 RESTRICTION FOR SOCIAL JUSTICE
RIGHT TO PROPERTY MUST BE SUBORDINATED FOR COMMEN GOAL
NATURAL RIGHTS:
BASED ON LIBERAL PRESPECTIVE
DERIVED FROM NATURAL LAW: THESE RIGHTS ARE NOT GIVEN BY THE STATE
BUT ARE INHERITED BY MAN FROM STATE OF NATURE
EMERGED FROM SOCIAL CONTRACT THEORY
THOMAS HOBBES
STATE OF NATURE : MIGHT IS RIGHT ... THEREFORE UNCONDITIONAL SURRENDER OF NATURAL RIGHTS
ROUSSAEU:
STATE OF NATURE IS STATE OF BLISS.. IN MODERN STATE NATURAL RIGHTS HAVE BECOME IRRELEVANT
JOHN LOCKE:
INCONVINIENCIES IN STATE OF NATURE.. SO MAN SURRENDERED SOME NATURAL RIGHTS..
RIGHT TO LIFE ,LIBERTY AND PROPERTY. MOST IMP NATURAL RIGHT PROTECTED BY STATE
LOCKE CHAMPION OF NATURAL RIGHTS AND LIMITED GOVT.
BASED ON THIS AMERICAN REVOLUTION & FRENCH REVOLUTION WERE CONDUCTED
THOMAS PAINE
REJECTS SOCIAL CONTRACT THEORY
AS IT IS ETERNALLY BINDING
GIVES TELEOLOGICAL THEORY:
ACC. TO HIM REASON AND INTUTION ARE SOURCE OF LAW NOT INSTITUTION
STRONGEST THEORY OF RIGHTS BECAME BASIS OF HUMAN RIGHTS