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INDORE INSTITUTE OF LAW

(Affiliated to D.A.V.V and BCI , New Delhi)


SUBJECT POLITICAL SCIENCE
WWW.INDOREINSTITUTEOFLAW.ORG
PRESENTED BY DR. VARSHA SHARMA UPADHYAY
B.A.L.L.B SEMESTER I
UNIT - III
RIGHTS INTRODUCTION

The rights are essential for the adequate development of human


personality and for human happiness. Rights are the necessary
conditions for the personal , social, economic, political, mental and
moral development of individuals .
Rights are the social requirement of a social man for the development
of his personality and society at large. Laski defined rights as " those
conditions of social life without which he cannot seek, in general, to be
himself at his best and every state is known by the right if maintains ".
DEFINITIONS

rights are nothing more an nothing less than those social condition which
are necessary or favourable to the development of personality. -
Dr.Beniprasad
right is a power claimed and recognised as contributory to common
good. - T.H.green
.rights are those condition of social life without which no man can be his
best self.
Rights as " the external conditions necessary for the greatest possible
development of the capacities of the personality"
- Prof. Barker
VARIOUS TYPES OF RIGHTS

HUMAN RIGHTS
MORAL RIGHTS
SOCIAL RIGHTS
POLITICAL RIGHTS
ECONOMIC RIGHTS
HUMAN RIGHTS

Human rights are rights inherent to all human beings without any
discrimination on ground of nationality, region, language, origin, etc.
These rights are often expressed and guaranteed by law , which is in the
form of treaties , customary international law and such other general
principles.
The Universal Declaration of Human Rights (UDHR- December 10, 1948)
constitutes for the most significant effort in the direction of protection,
preservation and promotion of human rights in the international sphere.
MORAL RIGHTS

Moral rights are based on our morality., justice, or conscience and they
are not guaranteed by any legal authority .
Moral rights are largely based on religious belief and the moral
conceptions of the people in any society. Therefore , they differ from
society to society .
They arise out of man's moral sense. Ritchie defines moral rights as" the
claim of an individual on others recognised by the society irrespective of
its recognition by the state
SOCIAL RIGHTS OR CIVIL RIGHTS

They are those rights without which no civilised life is possible. Civilised life
is impossible under the fear of being hurt, attacked, killed or our property
confiscated.
Social rights are considered to be primary and more vital than the other
two. The important civil rights are protection of life and property, right to
education, right to family, right to freedom of speech and expression.
POLITICAL RIGHTS

They are those rights which enable the people to have a share in the
administration of the country. By exercising the political rights the
individual participates in the affairs relating to the administration of the
country.
The important political rights given to the citizens are right to vote, the
right to stand as candidate for the elections, the right to hold government
office and the right to criticise the government.
ECONOMIC RIGHTS

Political and civil rights are meaningless unless some economic rights are
guaranteed. Economic rights are the right to work, the right to adequate
wages and right to reasonable hours of work.
These economic conditions are very essential for the economic and
political progress of man.
THEORIES OF RIGHTS

THE THEORY OF NATURAL RIGHTS


THE LEGAL THEORY OF RIGHTS
THE HISTORICAL THEORY OF RIGHTS
THE SOCIAL WELFARE THEORY OF RIGHTS
THE IDEALIST THEORY OF RIGHTS
THEORY OF NATURAL RIGHTS

Oldest theory, we find traces of this theory in the writing of Greek and
Roman thinkers
In 17th n 18th theory this theory was popularised by Hobbes Locke and
Spinoza
According to this theory the rights inherent in human nature and existed
even prior to the creation of the state
Basics of this theory are- rights are natural, unchangeable, absolute and
have universal application
CRITICISM OF NATURAL RIGHTS
THEORY

The word natural is not clear


Rights can exist only in the state
No right of the individual is absolute
But theory is significant in this sense that it insists that the state must provide
certain conditions or facilities which are essential for the development of
individual and society
THE LEGAL THEORY OF RIGHTS

The legal theory of rights is an offshoot of the monistic theory of sovereignty


The rights are the creation of the state
A person can have only those rights which are granted to him by the law
or state
The state not only creates but also maintains and enforces these rights
CRITICISM OF LEGAL THEORY OF
RIGHTS

State is not the creator of rights


This theory supports state absolutism
This theory ignores the importance of society in the formulation of rights
Ignores moral rights
Despite of criticism this is a fact that legal theory is essential for the legal
part of the rights
THE HISTORICAL THEORY OF RIGHTS

The rights are the product of history


Edmund Burke was a strong supporter of this theory
Whatever men enjoyed in the past have become his rights at present
CRITICISM OF HISTORICAL THEORY

All the rights are not the creation of traditions


Traditions are not always in the interest of society
Minimum possibility of reforms
Significance of this theory is this that we cannot ignore the history customs
and traditions in the evolution of state and government
THE SOCIAL WELFARE THEORY OF
RIGHTS

The rights are the those conditions which make the individual and the
society happy
An individual cannot have any rights against the public welfare
The Utilitarians fully supported this theory and propounded the theory of
Greatest happiness of greatest number
The rights are conditions of social welfare
Propounded by Harold laski
CRITICSM OF SOCIAL WELFARE
THEORY

Difficult to define social welfare


Greatest good of greatest number is irrational
Sacrifices individual welfare in the name of social welfare
Theory is commendable because tries to reconcile the principle of social
good and welfare of the individual
THE IDEALIST THEORY OF RIGHTS

This theory views the rights in purely moral terms and considers them
essential for the moral development of the individual
The rights enable the individual to develop his physical mental and moral
faculties to the full and ultimately contributes to the development of the
society
T. H.Green is the main supporter of this theory
Rights demand of individual
Purpose development of personality
Moral aspect of rights and acceptance of society
CRITICISM OF IDEALIST THEORY

Vague theory
Difficult to determine the needs of personality development
Development of personality is possible only through individual efforts
More importance to the individual than the racial good
Relevant because personality development is the essence of rights
Relation between duties and rights
Harmony between state and individual