2024-06-29
A claim allowed by matching obligation by others
Obligation may be moral, customary, based on natural law, or legally enforced.
Linked with Justice, Liberty, Equality
Content of rights changes with time and space.
Emanate from conception of Justice and Equality.
Individual and state:
Allegiance or obligation to state against claim against state (rights)
Individual and group rights:
rights and common/societal Good
Cultural relativism and universality of rights.
Magna Carta: Charter of rights in England 1215 AD
Bill of rights passed by English parliament: 1689
Conception of natural rights, social contract evolved during the 17th and 18th century by liberal thinkers such as Hobbs, Locke, Rousseau
American declaration of Independence, Bill of rights in 1776; French declaration of rights of man in 1789
Concept of social-economic or positive rights under socialist/communist ideology: Socio-economic rights
Demand for culture and environmental rights: Multiculturism
Inflation of rights: green rights, Guy rights, women's rights, generational rights, and so on...
Inherent and intrinsic rights to each one us as per law of nature
Life, Liberty, and property.
Based on liberal conception of
Social contract theory: natural rights are inviolable; states are contracted to protect them.
Proponents: John Locke, Thomas Pain, Rousseau
Based upon normative notions of right vs wrong; good vs evil; virtue vs vice, etc.
Based on moral reason of individual and moral Consciousness and consensus of society
Rights allowed by moral obligation which are universally accepted
Political legal institution may be required to protect moral rights. However, Not limited by law or state institutions
Proponents: Immanuel Kant, T.H. Green, Ronald Dworkin
Rights are claim backed by law and enforced by state
Law/statute, and not morality or natural law, is the bases of rights
Rights has meaning and realization only within the structure and framework of state and its institution
Law represents general will and common ‘good’ of society
No absolute, universal, or natural rights; Rights are limited by law
Proponents: Edmund Burke, Thomas Hobbs, Jeremy Bentham
Rights are claim recognised in society from historical past
Bases are historical customs of society/community
Different Rights in different society/state and time due to different historical processes
Linked to conservative ideologies; reject rights through revolution
Originated in 18th Century England
Proponent: Edmund Burke
A person has a right to X when his or her interest in X is sufficiently important for others to have duty to provide or allow him/her X
Explain both negative rights- interest in liberty- and positive rights interest in socio-economic goods
Degree and content of interest varies, making rights vary in importance and content
IB is context sensitive: for the same interest of A, B and C may have different degree of duties
Contradiction between Just and good society
Proponents: Jeremy Waldron, Joseph Raz
A person has a right to X when if and only if others have obligation to provide or allow him/her X
Obligations or duty of justice are derived from a supreme moral principle – categorical imperative (CI) defined by Immanuel Kant
CI: Act as if purpose of our action (Maxim) were to become universal law of nature
Leaned towards negative or liberal rights
Perfect duty of justice, imperfect social duties, and supererogatory acts
Better combine virtues of ‘Just’ and ‘Good’ society
Political and Civil Rights. First wave of ‘rights’
Civil Liberties: right to life, right to freedom of speech, expression, conscience, movement, trade, profession; right to property, etc.
Political rights: Right to vote, participate in democratic processes, public employment, right to choose and criticize govt. etc.
Emanating from the value of ‘Liberty’
Associated with liberal movement under new middle class (Bourgeois) post industrial revolution in 17th century Europe
Negative Rights against society and state
Proponents: Liberals- Locke, Rousseau, Mills
2nd wave of ‘rights’ : 19th and 20th Century
Socio-economic rights: right to equal status, dignity, right against exploitation, right to work, right to education, old age care, right to shelter, etc.
Emanating from the value of ‘Equality’
Associated with socialist movement influenced by Marxist ideologies
Practiced vigorously by socialist/communist states of USSR, China, Cuba, East Europe etc.
Positive Rights entailing actions on part of state
Proponents: Socialists/Marxists: Marx, Engels, Lenin
3rd wave of ‘rights’ : 20th and 21st century
Cultural Rights: right to protect cultures, language, traditions and customs of cultural minorities, right to follow divergent way of life as per one’s culture, right to protect sacred books/scriptures, and sacred places; right to use natural endowments of the region, etc.
Environmental rights: Right to clean air, earth, and water; inter-generational rights on resources of earth, right to share common heritage of earth etc.
Linked to the value of ‘Fraternity’
Associated with environmental movements and rising awareness of multiculturism and pluralism
Group rights linked to group identity