Rights Meaning & Theories; Different kinds of Rights; Human Rights
Rights Bosanquet has rightly said, "Right is a claim recognised by the society & enforced by the state." Laski, "Rights have been rightly described as claims of Social life, without which no men can seek to be his best self" . Rights are possessions & entitlements of the Individual They are reward in response to the responsibilities performed. Rights are maintained by the society. . While rights and obligation are not the same, they are still connected; Whenever you decide to do what you have a right to do, others have an obligation to let you do it.
Theory of Natural Rights In the history of political theory, natural rights have often been linked to the concept of natural law. John Locke, perhaps the earliest modern exponent of rights, connected moral laws to natural law, and the famous eighteenth-century political statements of the rights of man were rooted firmly in this tradition. . .However, Thomas Hobbes has also propounded a theory of NRs; Both Hobbes & Locke, rejected the divine theory condemning it as hierarchical & authoritarianism. For Locke, every man has a natural right to his life and freedom of action to use his property as he thinks fit, provided that he does not interfere with any other man's enjoyment of the same conditions. In the eighteenth century the revolutionary potential of these ideas was dramatically realised in the American and French revolutions. The American Declaration of Independence proclaimed inalienable and God-given rights to the pursuit of life, liberty and the pursuit of happiness. These were further elaborated in the French Declaration of the Rights of Man. .
Natural Rights Criticism Historically, the doctrine of natural rights has suffered from the vagaries of political and intellectual fashion.It was popularin the seventeenth century, but suffered at the hands of utilitarianism. Utilitarians always thought that the logical structure of the argument for natural rights was fallacious. Marxists have specifically criticised the historical and absolute nature of statements of rights and argued that they can only be properly understood within the context of particular economic and social circumstances Politicallythey have been interpreted as radical ideas potentially subversive of the social order, or as reactionary obstacles that prevent the radical transformation of society based on 'scientific' principles. Bentham's objection to natural rights was both philosophical and political. He believed that no government can possibly meet the standards demanded by the doctrine of natural rights.
Criticism of Natural/Moral Rights Natural rights, according to Bentham, are "simple nonsense: natural and imprescriptible rights, rhetorical nonsense,-nonsense upon stilts"; so-called moral and natural rights are mischievous fictions and anarchical fallacies that encourage civil unrest, disobedience and resistance to laws, and revolution against established governments. Bentham's political objection to natural rights was that they were in fact reactionary, and that their alleged existence retarded the application of science to social reform. .Communitarians have been the most vigorous critics of rights theory. Alasdair Macintyre writes that: There are no natural or human rights and a belief in them is one with belief in witches and unicorns
Theory of Legal Rights Supporters- Jeremy Bentham & John Austin. For them, No Rights could be imagined without laws. Right Is a benefit and it has to be legal Austin regards the sovereign as the source of rights. Marxian theory of Rights ..(Ye v btaana hoga..!!!!????...Understood hai ye.
Three Generations of Rights First civil-political . Second- socio-economic, and Third collective-developmental (Just Listen here & for making notes- Sources are provided at the last
Human Rights This widened concept of rights was given great political impetus by the United Nations Declaration of Rights of 1948. This Declaration consisted of two parts, one concerned with the traditional civil rights and the other with things such as medical care, education, political participation and the now notorious right to 'periodic holidays with pay' These rights exist in morality and in law at the national & international level These rights are addressed directly to the governments requiring compliance & enforcements Anti Colonial & Post Colonial thinkers have at times criticised the theory of Human Rights of being an example of Cultural Imperialism.
Previous year Questions o No Question in 2017 "The implementation of Human Rights is regarded as a matter of changing the conduct of the states." Comment. (2016) Discuss:- "Idea of Natural Rights." (2015) Analyse the relations between Natural Rights & Human Rights. (2013)
Homework o Prepare notes on Implementation 8 Challenges to the lmplementation of human RIGHTS. o Also prepare/understand debate on Right to Privacy & Right to Die/ Euthanasia
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