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Sneha Shivakumar - Political Science Notes

Ba llb (University of Calcutta)

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POLITICAL SCIENCE – II
(FOUNDATIONS OF POLITICAL OBLIGATIONS)

© Sneha Shivakumar, 2009

THIS MATERIAL HAS BEEN PREPARED KEEPING IN MIND SPECIFIC STUDENT
REQUIREMENTS. ALTHOUGH THIS MATERIAL IS NOT AIMED TO REPLACE THE
STANDARD PRESCRIBED TEXTBOOK ON THE GIVEN AREA, YET THIS AVAILS ITSELF
AS A QUICK REFERENCE TO AID CLASS ROOM DISCUSSION AND TUTORING.

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CONTENTS
1. POWER
SYNOPSIS

a. Introduction
b. Meaning
c. De昀椀nition
d. Nature of power
e. Types of power
Conclusion
2. AUTHORITY
SYNOPSIS
a. Introduction
b. Meaning
c. De昀椀nitions
d. Characteristics
e. Sources
f. Kinds or types of authority
g. Authority and legitimacy
Conclusion
3. LEGITIMACY
SYNOPSIS
a.Introduction
b.Meaning
c.De昀椀nitions
d.Concept of legitimacy
e.Nature
f.Classi昀椀cation of legitimacy according to
i. Max Weber
ii. Fredrich
Conclusion
4.UNJUST LAWS
SYNOPSIS
 What is a law?
 De昀椀nition of law
 Nature
 What are unjust laws?
 Why people disobey unjust laws?
 Disobedience to unjust laws
 Situations of justi昀椀ed obedience
 Safeguards against unjust laws

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5. THOREAU AND GANDHI ON CIVIL DISOBEDIENCE AND SATYAGRAHA

SYNOPSIS
a. Henry David Thoreau on civil disobedience
b. Essay on civil disobedience
c. Good government
d. Right of revolution
e. Disobedience to unjust laws
f. Respect for individual
g. The problem of Gandhian civil disobedience and political
obligation
h. Doctrine of satyagraha
i. Satyagraha vs. duragraha
j. Satyagraha : Gandhi’s approach to peacemaking
k. Gandhiji on political obligation towards the state or Gandhian
civil disobedience vs. political obligation
l. Criticisms
m. Sarvodaya
n. Origin and Gandhian political ideal

6. BENTHAM’S UTILITARIANISM
SYNOPSIS
 Bentham’s political obligation of utilitarianism
 Meaning of utility
 Pleasure-pain theory
 Sources of pleasure or pain
 Factors governing pleasure and pain
 Characteristics of the doctrine of utility
 Criticisms of the doctrine of utility
 Signi昀椀cance of Bentham’s political obligation of utilitarianism

7. CONTRACTUAL AND PROMISSORY LIABILITY

CONTRACTUAL LIABILITY
Synopsis
 Introduction
 Nature of a contract (relation of contract with agreement)
 Types of contracts
 Classi昀椀cation of contracts in terms of validity or enforceability
 Foundations of contractual liability


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PROMISSORY LIABILITY
Synopsis
 Liability
 Promise
 Promissory liability of the bargain model
 Essentials of a valid o昀昀er
 Acceptance
 Essentials of a valid o昀昀er
 Essentials of a promise
 Aspects of promissory liability

8. PUNISHMENT
SYNPOSIS
 Introduction
 What is a crime?
 What is the remedy to crime? (punishment)
 Nature and scope of punishment
 Object of punishment (individual and society)
 Theories of punishment
i) deterrent
ii) preventive
iii) reformative
iv) retributive
Conclusion

9. COMMUNSIM
SYNOPSIS
 Introduction
 What is communism?
 Communism : Features or fundamental postulates

10. BIBLIOGRAPHY

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POWER

QUESTION FORMAT
1. What is power? Explain the various types of power. [2006]
Short notes
Power [2007,2008,2004]
SYNOPSIS
f. Introduction
g. Meaning
h. De昀椀nition
i. Nature of power
j. Types of power
k. Conclusion

INTRODUCTION
The term power is considered as an important subject in local, national
and international level. Now days it is involved equally in economic,
social, political, and religious factors. In the study of politics ‘power’ is
usually regarded as a key concept. Power is central to the study of
politics. It is seen as a struggle for power. It can be seen as evil or

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unjust but the exercise of power is accepted as endemic to humans as

social beings.
MEANING
The word power is derived from the [Subject]Greek word ‘politics’.
Aristotle classi昀椀ed the constitution on the basis of the location of
power. The study of power is concerned with how it is obtained,
exercised and controlled. Power is often used to mean control,
in昀氀uence, authority, force, might and domination. Power is the crux of
politics. Since, the beginning of humanity power has been occupying
position. Power means the strength of the body and mind. In political
science power means the power of a man over the mind and actions of
other men. It is the ability to control the behaviour of others in
accordance with one’s own intention.
DEFINITIONS
1. Bertrand Russell – “Power is the capacity to in昀氀uence the actions
of others.”
2. Hans. J. Morgantheau – “The power of man over the minds and
actions of others.”
3. Lasswell – “Power is the participation in the making of decisions.”
NATURE OF POWER
Ever since the ‘Leviathan’ of Hobbes appeared in 1651, the concept of
power in the realms of politics has become a momentous subject of
investigation so that now it is regarded as the key area of politics.
1. Power is the psychological phenomenon. Therefore the relation
between those who exercise power and those over whom it is
exercised is a psychological relation with the impact derived
from three sources viz,.
a. the expectation of bene昀椀ts,
b. fear of consequences, and

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c. the respect or love for men or institutions

2. Power is the capacity to in昀氀uence the behaviour of others. A
person when in昀氀uences other persons according to his wishes,
this is considered as power.
3. Power is a certain kind of human relationship. A proper
understanding of political power involves an examination of the
way the relationship is conducted.
4. Political power has to be seen as a relationship for the use of
power, the presence of an actor or subject and some other
individual is essential so that the actor can in昀氀uence other
individuals according to his capacity or wish.
5. The principle of power is that it should be backed by sanction.
Power is the capacity to a昀昀ect another’s behaviour by the threat
of some form of sanction. The greater the sanction, the greater
will be political power.
6. Power is not only relational but also in昀氀uential. The person who
exercises power a昀昀ects the behaviour of the other individuals
and nations. Law does not recognize bad power of undue
in昀氀uence, coercion, violence, etc..
TYPES OR KINDS OF POWER
The classi昀椀cation of power is as follows;
1. DIRECT AND INDIRECT POWER – When a person or group of
persons use power, against others it is called direct power, while
a person or group of persons authorize others to use power or
uses through subordinates, it is called indirect power. A person
has the right to sell away his property. When he sells his house
to someone, it means he used his power directly. At the same
time, he can give power to another person through ‘general
power of attorney’. If he sells his house authorizing someone to
sell his house, it means he used his power indirectly.
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2. LEGITIMATE AND ILLEGITIMATE POWER – Legitimate power

accrues through law and illegitimate power is accrued by force or
violence and it is against the laws. Constitution or accepted
customs, or acts sanction the same rights to the public and if
they act according to the rules and regulations, the power is
considered as legitimate power. Illegitimate power can only be
acquired by force, aggression and violence. The people obey
legitimate power and revolt against illegitimate power as they
will tolerate them.
3. POLITICAL POWER AND MILITARY POWER – Political power
rests with the state. Political power lies in the administration of
the state, military power lies with the army, navy and air force.
The military is too directed by the ministry of defense which is a
part of political power. Military power is subordinate to political
power. The primary function of military power is to protect the
boundaries of the state and to defend the nation against the
external aggression. Political power is based on psychological
in昀氀uences. Military power is based on the real strength of the
army men and armaments. Political power is patent and military
power is latent.
4. MANIFEST POWER AND LATENT POWER – The power which
can be exercised openly and clearly is called manifest power.
Military power is an example of manifest power. The power which
cannot be exercised openly or clearly is called latent power.
Media such as the press and TV are examples of latent power.
5. CENTRALIZED AND DECENTRALIZED POWER – When the
power has been concentrated with one authority it is called
centralized power. When the power is distributed and
decentralized it is called decentralized power. In India and USA
power is decentralized in di昀昀erent states.
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6. UNILATERAL AND BILATERAL STATES – If one person uses his

power on another, whereas the other person cannot use his on
that person who used power on him, then the power is called
unilateral power. When both sides use power for each other, it is
called bilateral power. Parties of a sale deed, mortgage, and
lease are examples of bilateral power.
7. DOMESTIC AND INTERNATIONAL POWER – There are certain
major di昀昀erences in the role of power of a state in domestic
a昀昀airs and international policies. In civil societies there exist a
number of alternatives to violence. Realizing that all the relations
cannot be regulated by physical strength alone, a system of
general rules of procedures has been adopted by each society to
redress the wrongs in a non-violent way. Individuals no longer
have the right to take the law into their own hands. In
international relations, due to lack of generally agreed upon rules
and devices, the states have to protect their rights and to rectify
injuries through the use of force.
CONCLUSION
Politics is nothing but the struggle for power. Politics has now changed
from one of being ‘a study of state and government’ to that of being ‘a
study of power’. Curtis says, “Politics is an organized dispute about
power and its use involving choice among competing values, ideas,
persons, interests, and demands. The study of politics is concerned
with the description and analyses of the manner in which power is
obtained, exercised, and controlled and the purpose for which it is
used, the manner in which decisions are made, the factors which
in昀氀uence the making of those decisions, and the context in which
those decisions take place.”

FURTHER READING
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1. Political Obligations – Dr. S.R. Myneni

2. Foundations of Political Obligations – A.S. Bhagyashree
Mallikarjun
3. Wikipedia

AUTHORITY

QUESTION FORMAT
1. What is authority? Explain the various types of authority and also explain how
authority is legitimate? [2007,2004]
Short notes
Authority [2008,2006]

SYNOPSIS
h. Introduction
i. Meaning
j. De昀椀nitions
k. Characteristics
l. Sources
m. Kinds or types of authority
n. Authority and legitimacy
o. Conclusion

INTRODUCTION
Right to exercise powers, to implement and enforce laws; to exact
obedience; to command; to judge; control over; and permission are

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synonymous with power. Authority is a person or persons, or a body

exercising power of command as the civil and military authorities.
Authority is the power or admitted right to command or act, whether
original or delegated, as, the authority of a prince over subjects and of
parents over children. Authority is a body having jurisdiction in certain
matters of public nature. The word authority includes central and state
governments. Authority means the institutionalized exercise of power
backed by law or constitution and common consent.
MEANING
The word ‘authority’ is derived from the old Roman notion of ‘Auctor’
or Auctoritos’. The senate, the upper house in Rome gave its counsel
to the popular assembly and this council was called ‘Auctor’ or
Auctoritos’. Authority means the institutionalized exercise of legitimate
power backed by law or constitution and common consent. Although
political power rests on the potentiality to invoke coercion, from
historical days it has been found that coercion by way of threat of
sanction is not an adequate instrument to elicit obedience. If the power
is to subsist for long, it must receive general acceptance. Obedience
may be obtained by the use of threat of sanctions, yet it rests upon a
form of consent. It is this consent to or acceptance of power of the
ruler by the ruled that strengthens the power and gives him the
authority. Political authority is based on the acceptance of the right to
rule.
DEFINITIONS OF AUTHORITY
1. The term authority has been de昀椀ned with various shades of
meaning. They are :
2. Max Weber – “Political authority is based on the acceptance of
the right to rule, and this is also called legitimacy.”

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3. Friedrich “……..authority and reason are closely linked

indeed……..authority rests upon the ability to issue
communications which are capable of reasoned elaboration.”
4. McIver “Authority is often defined as being power, the power to command
obedience.”
NATURE OR CHARACTERISTICS OF AUTHORITY
Authority is invested in a person or a body exercising power of
command, having superior power. The subordinate obey the rules and
regulations framed by the superior. The authority may be transferred
by a principal to agent. Authority is nothing but a power to do
something; it is sometimes given in words, and sometimes by writing
and in the modern period mainly by ways of rules, regulations and
constitutions. There is an obligation on the subordinates to obey the
rules framed by their superior, to whom such authority is entrusted.
Political authority is based on the acceptance of the right to rule, or
what Max Weber called ‘legitimacy’. The rules framed by a superior
o昀케cer must be obeyed by his subordinates, if his authority springs
from proper legitimacy.
i. The authority possesses dominance over the subordinates. It
implies that superior authority has the right to receive
obedience. The person or the body to whom authority is
invested, exercise dominance over the subordinates. Dominance
is an important characteristic of authority. Authority is not a
power, but some times that accompanies power.
ii. Authority is the embodiment of reason and depends on the
capacity of reasoned elaboration.
iii. Authority also has responsibility. Responsibility and
accountability are important essentials of authority. Authority is
responsible to those who authorized it to function on their behalf.

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iv. Power can undergo a subtle transformation into authority with

the growing support from the political community. Political
authority may change from one regime to another. The new
regime will then rely on political power for the moment, not
political authority. It will take some time for the new regime to
gain general popular acceptance.
SOURCES OF AUTHORITY.
The following are the sources or grounds of legitimate authority:
1. DIVINE RIGHT – At the more primitive level, all rules are alike.
Religious, customary and legal. During those days, the chief or
the king was selected from one royal family, and would be
required to demonstrate his divine appointments by prowess in
arms or other visible customary sign. He was then formally
acknowledged by his people, as God’s gift to them. It was
generally admitted that God had instituted the government
because men needed it. The king’s right to rule is divine and the
subjects had to obey the king’s orders. However, it is not
accepted in the modern age.
2. RELIGION – Thirteenth century was a period of great religious
movements. The church preached that eternal law governs the
whole universe. It represents the reason of God. Divine law
consists of commands of God communicated by revelation. The
secular government is subject to the church, because the former
is concerned with intermediate ends, whereas the latter is
concerned with the ultimate end, the salvation of the souls. The
Pope of the Vatican, Dalai Lama obtained authority in the name
of religion.
3. FORCE – Force is also one of the sources of obtaining authority.
Soldiers with advanced armaments, cavalry, use of guns and
cannons, air force and atomic bombs provide force to the person

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and the states. Force is considered as one of the sources of

obtaining authority.
4. REVOLUTION – Karl Marx believed that the authority is an
economic phenomenon and it has been concentrated in the
hands of land lords, bourgeois and capitalists. They got the
power by exploiting the slaves, artisans and workers. Therefore,
he advocated not obeying the rule of such authority and
suggested class-war, revolution and revolt. He wanted to see
classless society without exploitation with the real authority
vested in the hands of working class and peasants.
5. ELITE – Due to superior education and training, some people go
up the social ladder; they also tend to create a status symbol for
a particular section of the people. Due to their leadership
qualities, the government of the people by an elite sprung from
the people. Thus. There exists in each society minority elite of
the population, which comes to power to make decisions in the
society and hold authority.
6. TRADITIONAL – According to Max Weber, political authority
derived from an established belief in the sanctity of immemorial
traditions and the legitimacy of the status of those exercising
authority over them. When the right to rule is accrued from a
continuous use of political power based on customs and
traditions, it is called traditional authority.
7. CHARISMATIC – Charisma means gift of grace. According to
Max Weber, political authority rests on the devotion to the
speci昀椀c and exceptional sanctity, heroism or exemplary patterns
of order revealed or ordained by him. When the right to rule is
accrued from the great qualities and charisma of a political
leader, it is called charismatic authority.

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8. LEGAL-RATIONAL – As per Max Weber, political authority is said

to rest on a high belief in the legality patterns of normative rules
and the right of those elevated to the authority under such rules
to issue commands. When the right to rule is accrued according
to the constitutional rules of the state, it is called legal-rational
authority.
KINDS OR TYPES OF AUTHORITY
Max Weber’s classi昀椀cation of authority
1. TRADITIONAL AUTHORITY – Traditional authority, that is, the
right to rule emerging from a continuous exercise of political
power. A king’s authority belongs to this category. Authority from
this point of view is legitimate if sanctioned by tradition – but so
are the limitations of authority if they also are traditionally
prescribed.
2. CHARISMATIC AUTHORITY – When the people submit
themselves to be ruled by a man mainly on their behalf in the
extraordinary quality of a ruler, that rule over them is referred to
as ‘charismatic authority’. The legitimacy of rule rests upon the
belief in the magical powers, and hero worship and revelations.
3. LEGAL- RATIONAL AUTHORITY – Legal-rational authority is
anchored in impersonal rules that have come to characterize
social relations in modern societies.
The other kinds of authority are as follows;
GENERAL AUTHORITY
An authority is general when it extends to all acts, or all connected
with a particular employment, and special when con昀椀ned to a single
act.
LEGAL AND POLITICAL AUTHORITY
Legal authority is that which frames and subordinates obey them. In
legal authority the legitimacy of the power-holder to issue commands
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rests upon rules that are rationally established by enactment, by

agreement, or by imposition. Political authority is obtained with the
people giving voluntarily their consent. It enhances the nationality of
the people of the state. In every political system, it is true a process of
psychic manipulation that the political authority seeks to create a
belief about its legitimacy. Political power, for the sake of continuity
and acceptability, has to be legitimate power.
CENTRALIZED AND DECENTRALIZED AUTHORITY
In the unitary states like the UK, France etc, the authority is
centralized. In federal states like India, USA etc, the authority is
distributed between the centre and the states of the nation.
DEFACTO AND DEJURE AUTHORITY
Ability to get one’s proposals, commands, and pronouncements
accepted and thus determine other people’s behaviour is to have
authority de facto, whereas to have the right to make
pronouncements, issue commands of certain kinds and get others to
obey them is to have authority de jure. De jure authority exercises
authority through speech and word and enjoys the right to receive
obedience. It determines who shall be the author. It is concerned with
a prior set of rules. De facto authority has no real authority in its hands
but enjoy the same position. If the man who has de facto authority
starts using force, he shall be described as exercising power, not
authority.
AUTHORITY AND LEGITIMACY
Authority is the institutionalized exercise of legitimate power. Power is
the capacity to in昀氀uence the actions of others. Power is the ability to
win over others. Force is an adjacent but not the essence of power.
Power is the latent force and force is the patent power. Authority and
power are both ways of regulating social behaviour and conduct.
Authority is always legitimate. When the authority is legitimate, the
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majority people obey the rules, decisions, laws etc, passed by such
authority, without any force or persuasion. The people obey such laws
unquestionably. Legitimacy is the foundation of political power in as
much as it is exercised both with the consciousness on the
government’s part that it has a right to govern and with some
recognition by the governed of that right. The party having the
majority in the legislature has the authority to pass laws, and it has
acquired legitimacy. The government which possess real and strong
majority can acquire legitimacy. Legitimacy includes political authority
and non-political authority. It covers both political and non-political
organizations depending upon the circumstances. The exercise of
authority becomes legitimate when it is exercised according to
constitutional and legal principles; according to customs and traditions
and by a charismatic leader.
CONCLUSION
Although political power rests on the potentiality to invoke coercion,
from historical days it has been found that coercion by way of threat of
sanction is not an adequate instrument to elicit obedience. If power is
to sustain for long it must receive the general acceptance. Obedience
may be obtained by the use of threat of sanctions, yet it rests upon a
form of consent. It is this consent to or acceptance of power of the
ruler by the ruled that strengthens the power and gives him the
authority. Political authority is based on the acceptance of the right to
rule.

FURTHER READING
1. Political Obligations – Dr. S.R. Myneni

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2. Foundations of Political Obligations – A.S.

Bhagyashree Mallikarjun
3. Wikipedia

LEGITIMACY

QUESTION FORMAT
1. Explain the concept of legitimacy. Discuss the various types of legitimacy with
illustrations? [2004,2007]
SYNOPSIS
g. Introduction
h. Meaning
i. De昀椀nitions
j. Concept of legitimacy
k. Nature
l. Classi昀椀cation of legitimacy according to
i. Max Weber
ii. Fredrich
m. Conclusion

INTRODUCTION
Legitimacy is a concept that is intimately linked with the concepts of
power and authority. The earliest traces of legitimacy are found in the
writings of Plato and Aristotle. In modern times Max Weber has dealt
with the notion of legitimacy. Legitimacy is the foundation of political
power in as much as it is exercised both with a consciousness on the
government’s part that it has a right to govern and with some
recognition by the governed of that right.
MEANING

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Political authority is based on the acceptance of the right to rule or

what Max Weber called legitimacy. The term legitimacy has been
derived from the Latin word ‘legitimus’ meaning lawful or according to
law. It normally stands for something authorized to do an action which
does not violate the laws.
DEFINITIONS
1. Lipset – “Legitimacy includes the capacity to produce and
maintain a belief that the existing political institutions or forms
are the most appropriate for the society.”
2. Blondel – “It is an external extent to which the population accepts the
organization without questioning it.”

CONCEPT OF LEGITIMACY : NATURE

According to H.G Wells, stability of a democratic political system
depends not only upon the economic development, but also upon its
legitimacy. Legitimacy rests upon the con昀椀dence of the people in the
existing political institutions. Decision making process characterizes
the operation of a modern political system. Authority and legitimacy
are two important components of the decision-making system.
People’s consent legitimizes the exercise of political power.
Since the state generally has a considerable amount of power at its
disposal to enforce its laws, it is clear that one in a position of political
authority enjoys a great amount of power. if the government is a
‘legitimate government’, then the source of its power lies with the
approval of the people.
Legitimacy applies to the cases where the set- up and use of political
authority is in accordance with the established and accepted
procedures and rules in a society. Legitimacy clears whether decisions
are being made by the right kind of people i.e., by the people who,

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according to rules, should be making the decisions, and whether the

decisions are being made in accordance with the rules of the particular
society. Legitimacy is not related to the goodness or badness of the
people or their decisions. A regime may be legitimate in the sense that
it came to power in accordance with the rules of the land, and not yet
be benevolent, wise or good. Goodness is not exhausted by the
legitimacy. Sometimes, a good government may be legitimate and yet
tyrannical. The question of legitimacy is decided by determining
whether the person in authority acts within the sphere recognized to
be his under these rules, and by asking whether the person in
command really satis昀椀es the conditions laid down by the rules.
di昀昀erent societies have di昀昀erent kinds of normative rules which bestow
legitimacy. Legitimacy is limited to the requirements of the procedures
and it is not correct to ask whether a command is wise, prudent or
otherwise desirable before obeying it. Such considerations are
essential when we deal with the question of justi昀椀cation of authority.

CLASSIFICATION OF LEGITIMACY ACCORDING TO

MAX WEBER
Max Weber has classi昀椀ed legitimacy into three kinds. He states his
classi昀椀cation as follows;
i) traditional
ii) charismatic
iii) legal-rational

TRADITIONAL LEGITIMACY – It depends on traditions, customs and

usages. People obey the rules as matter of tradition. Traditions have a
certain limitation which is followed by the ruler as well as the people.
CHARISMATIC LEGITIMACY – it depends on the extraordinary feature
of the political leader. When people submit themselves to be ruled by a
man mainly on their belief in thr extraordinary quality of such a ruler,
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that rule over them is referred to as ‘charismatic authority’. The

legitimacy of charismatic rule rests upon the belief in magical powers,
and hero worship and revelations
LEGAL- RATIONAL – The authority that comes from a well established
legal system is called legal-rational legitimacy. The power of the prime
minister is based on the constitutional law.
FREDRICH
Fredrich classi昀椀es legitimacy into;
i) RELIGIOUS LEGITIMACY – has its concept from the time of
ancient empire, when the king was considered as the son of
god. For eg divine origin theory of state.
ii) PHILOSOPHICAL LEGITIMACY – is based on the reasoning
power of a ruler. For e.g. Plato said that philosophers should
be the king and vice-versa.
iii) PROCEDURAL LEGITIMACY – is based on election by which
people elect their representatives according to the procedures
laid down by the constitution. Here the majority is given
priority, also called democratic legitimacy.
iv) PRAGMATIC LEGITIMACY – depends on the performance of
duties like maintenance of law, success in war, economic
progress etc.
CONCLUSION
Legitimacy is the foundation of political power in as much as it is
exercised both with a consciousness on government’s part that it has a
right to govern and with some recognition by the governed of that
right. Legitimacy is integral to a government’s authority. In order to
maintain it, all governments must in some way be able to satisfy the
basic needs of their citizens. The conversion of people’s needs into
policies is basic to all forms of government, even in primitive tribes
that must feed and shelter their members.

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FURTHER READING
1. Political Obligations – Dr. S.R. Myneni
2. Foundations of Political Obligations – A.S. Bhagyashree
Mallikarjun
3. Wikipedia

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UNJUST LAWS

QUESTION FORMAT
1. Explain the problems of obedience to unjust laws. [2008]
2. Should unjust laws be obeyed? Discuss. [2007, 2006]
SYNOPSIS
 What is a law?
 De昀椀nition of law
 Nature
 What are unjust laws?
 Why people disobey unjust laws?
 Disobedience to unjust laws
 Situations of justi昀椀ed obedience
 Safeguards against unjust laws

WHAT IS A LAW?
Men live in society. They di昀昀er in their ideas, aims and ideals. Hence
there must be some ‘uniform rules’ to control their activities. These
uniform rules which regulate human behaviors are called laws. The
concept of law occupies a signi昀椀cant place of political theory. Law is
closely associated with State that state without law is anarchic and law
without state is meaningless. To MacIver “the State is both the child
and parent of law”. Law not only prescribes the rules of behavior for
citizens in the state but also provides a social order without which no
civilization and economic development is possible. The word law is
derived from an old Teutonic root ‘lag’ which means something which
lies 昀椀xed or evenly. The word l aw is also associated with the Latin
word ‘jus’ which again is associated with another word ‘jungere’ giving
the meaning ‘a bond or tie’. The general meaning of law is ‘a body of
rules to guide human action. It is the product of human action and
endeavour.
DEFINITION OF LAW

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Law is, in its widest abstract sense, any uniformity of events, or any
rule of action.
1. Montesquieu says, “Laws, in the most extended signi昀椀cation, are
the necessary relations which 昀氀ow from the nature of things; and
in this sense all beings have their laws; divinity has her law; the
material world has her laws; intelligence superior to human
beings have their laws; human beings have their laws.”
2. According to Blackstone, “Law, in its most general and
comprehensive sense signi昀椀es a rule of action whether animate
or inanimate, rational or irrational.”
3. According to Salmond, “the law may be de昀椀ned as the body of
the principles recognized and applied by the State in the
administration of justice.
NATURE
i. The most dominating feature of law is its uniformity.
ii. The most dominating feature law is that it is in the nature of
enjoinments to be kept.
iii. The law should conform to the principles of justice.
iv. Law consists largely of ‘ought’ [normative] propositions
prescribing how people ought to behave but not control their
inner thoughts and motives.
v. Another valuable character of law is its capabilities in procuring
remedies in cases of infringement.
vi. Law is universal in the sense that no individual in exempted from
law.
vii. The main aim of law is to ensure social order for the general
good of all.
viii. Laws are a part of the institutional system in society.
ix. Laws confer enjoyment of powers or rights.
x. Law should be dynamic and not static.
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WHAT ARE UNJUST LAWS?

The legislatures, who have brute majority in the legislature, or huge
powers in their hands, may pass certain bad and unjust laws to satisfy
a section of society and a section of people su昀昀er a lot with troubles.
Unjust laws are the most unwanted defect of law. Unjust laws means
laws of not just, unfair, cruel, bad, etc. General people prefer law-
abiding society instead of lawlessness, anarchy, and unjust laws when
the laws are unjust in the view of majority people of the state, they
disobey such laws, the legal system would breakdown, become
ine昀昀ective and cease to be law. For Augustine “Lex injusta non est
lex” meaning ‘an unjust law is no law’. An unjust man, act or law is
automatically immoral. Wickedness can take other forms than justice.
Unjust laws make people su昀昀er. Unjust laws lead to inequal distribution
of wealth and break down of law system and to revolt against the
sovereign and government. In certain occasion of unjust laws and
atrocities by the rulers the people may refuse to obey the laws and
decide not to carry out their obligations. Unjust laws cease to be law by
becoming ine昀昀ective for it only by being accepted and obeyed that law
remains e昀昀ective and continues to be law. Unjust laws are the laws
that treat one or more persons more harshly or more favorably than
others in the same situation. A father who picks on one child and
makes a favourite of another is an unjust parent. Similarly, if the
government imposes heavy taxes or restrictions on people or a group
of people such laws are unjust laws. Under Nazi government, Hitler
passed several unjust laws against the followers of Judaism. In an
unjust law, the society will be divided. The principle “All are equal
before the law” is badly e昀昀ected. The e昀昀ected people would revolt
against such law and government. Peace will be disturbed. Customs
are the sources of law. Majority of the people follow customs in every
society. Legislature adopts such laws which are accustomed to
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customs. Some customs may turn bad due to changed society. For
eg.sati, child marriages, dowry was followed once and now they are
evil customs. If the legislature enacts in support of them, they are
considered as unjust laws. Unjust laws enacted by majority of
legislature are not at all and there is no obligation on people to obey
such laws. Such unjust laws of discrimination were disobeyed in
America under the leadership of Martin Luther king, and in South Africa
and India by the Gandhians. People have the right to revolt against
such laws if they are in practice.

WHY PEOPLE DISOBEY UNJUST LAWS?

The obligation of the state is to make laws which are bene昀椀cial to the
people and which are acceptable to public. Similarly, the obligation of
individuals is to obey laws of the state. The problem arises only when
the laws are unjust. Is it desirable to obey such unjust laws? Many
political thinkers propose to disobey unjust laws. They foresee that
revolution take place if the laws are unjust.

DISOBEDIENCE TO UNJUST LAWS

Disobedience is the action which produces increasing tension between
laws and behaviour. In permissive societies, the emphasis on liberty
inspires resistance to duty; and a deep-seated religious or social
antagonism sharpens the tensions and foster rapid changes in moral
ideas.
There is a legal duty to obey laws. But the individual has the inner
moral liberty to obey or disobey. Disobedience of an immoral law
would not be necessarily thought immoral even by those who would
still deem it ‘law’ though they would treat it as illegal. Consent is the
reason why people ought to obey laws. Another reason for obedience is
that disobedience sets a bad example. Disobedience may bring

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hardship on others. Disobedience may topple the government in

authority. Economy of the state may become turbulence. Political
unrest creates new problems to the existing ones.
SITUATIONS OF JUSTIFIED DISOBEDIENCE
It is argued that some actions are legitimatized by law even when they
are departures from it. For example a doctor performed an abortion on
a girl, who was pregnant as a result of rape, knowing fully well that as
per law he was committing a crime. He was in fact held not guilty
because the court retrospectively enlarged the scope of necessity.
Non- enforcement or non- prosecution of some o昀昀ences are examples
of legitimatized disobedience.
SAFEGUARDS AGAINST UNJUST LAWS
In modern society, democratic form of government makes laws
through legislatures consisting of representatives elected by the
people. According to the doctrine of separation of powers, the judiciary
has the power of judicial review when an act is against the rights given
by the constitution. There are so many safeguards against enacting
unjust laws in a democratic state. They are:
1. Opposition parties – The opposition parties initiate amendments to
the bills proposed by the ruling parties, wherever they feel that
certain clauses are unjust.
2. Executive – The president or the head of the state may ask the
legislature to consider once again the changes to be made by
sending back the bills.
3. Judiciary – The judiciary cannot interfere in the a昀昀airs of the
enactment but, in the interest of justice and to protect the
fundamental freedoms of the individual, in certain cases, take up
judicial review and quash unjust parts of acts or the provisions of
such unjust laws.

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4. Public agitation – In certain occasions, common people also agitate

against unjust laws by demonstrations, hartals, boycotts, etc.
5. Public Opinion through press and the mass media – Press criticizes unjust laws
through articles, letters to the editors and the statements of eminent public figures.
Mass media educate the public regarding unjust laws.

THOREAU AND GANDHI ON CIVIL

DISOBEDIENCE AND SATYAGRAHA

QUESTION FORMAT
1. Explain the di昀昀erent steps of Satyagraha and Sarvodaya as a
technique of change. [2008]
2. Write notes on Satyagraha and Sarvodaya. [2006]
3. Explain the political and economic ideas of Mahatma Gandhi.
[2007]
Short notes
Civil disobedience [ 2004]
SYNOPSIS
o. Henry David Thoreau on civil disobedience
p. Essay on civil disobedience
q. Good government
r. Right of revolution
s. Disobedience to unjust laws
t. Respect for individual
u. The problem of Gandhian civil disobedience and political
obligation
v. Doctrine of satyagraha
w. Satyagraha vs. duragraha
x. Satyagraha : Gandhi’s approach to peacemaking
y. Gandhiji on political obligation towards the state or Gandhian
civil disobedience vs. political obligation
z. Criticisms
aa. Sarvodaya
bb. Origin and Gandhian political ideal

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HENRY DAVID THOREAU ON CIVIL DISOBEDIENCE

Henry Thoreau is considered one of the most in昀氀uential 昀椀gures in
American thought and literature. A supreme individualist, he
championed the human spirit against materialism and social
conformity. The in昀氀uences of Rousseau, Je昀昀erson and Tolstoy on
Thoreau were impressive and substantial. Thoreau was a philosophical
rebel and asserted the right of the individual to resist the institutional
conventions to enslave him. His approach to political obligation was
based on the dignity and integrity of the individual.
ESSAY ON CIVIL DISOBEDIENCE
One of Thoreau’s most important works, ‘Civil Disobedience’ [1848],
grew out of an over-night stay in prison as a result of his conscientious
refusal to pay a poll tax that supported the Mexican War, to which
Thoreau represented an e昀昀ort to extend slavery. Thoreau’s advocacy
of civil disobedience as a means to protest those actions of the
government that he considers unjust has had a passive resistance
independence movement led by Gandhi in India, and the non-violent
civil rights movement led by Martin Luther King in the United States.
Thoreau in his ‘Civil Disobedience’ clearly explained the rights of the
individual to obey the dictates of his conscience rather than the
dictates of the state. Thoreau, in his essay ‘Civil Disobedience’ explains
good government as stated below.
GOOD GOVERNMENT
Thoreau accepts the motto, “That government is the best that governs
the least.” He also believes, “That government is best which governs
not at all.” The government is at best but an expedient. However, most
governments are usually inexpedient. The government itself, which is
only the mode which the people have chosen to execute their will is
equally liable to be abused and perverted before the people can act
through it. He gives the example of a few individuals using the
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standing government as their tool; for in the outset, the people would
not have consented to this measure.
American government, though a recent one, is endeavoring to transmit
itself unimpaired to posterity, but each instant losing of its integrity.
The government has not the vitality and force of a single man can
bend it to his will. Government is a sort of a wooden gun to the people
themselves. Government is excellent, we must all allow. Yet the
government never of itself furthered any enterprise, but by the alacrity
with which it got out of its way. The government does not keep the
country free. For government is an expedient, by which men would fain
succeed in letting one another alone; and when it is most expedient,
the governed are let alone by it. Thoreau asked for a better
government which educates masses, promotes trade and commerce
and keeps the country free. If the traders go out of law, then they
would deserve to be classed and punished with those mischievous
persons who put obstructions on the rail roads. Let every man make
known what kind of government would command respect.
When the power is once in the hands of the people, a majority are
permitted, and for a long period continue to rule, is not because they
are most likely to be in the right, nor because this seems fairest to the
minority, but because they are physically the strongest. But a
government in which the majority rules in all cases cannot be based on
justice, even as far as men understand it. It is not the majority that
decides right and wrong but the conscience. Every citizen should be a
man 昀椀rst and subject later. It is not desirable to cultivate a respect for
the law, so much as far as for the right. The only obligation which one
has a right to assume is to do at anytime that he thinks right. A
common and undue respect for law is that one may see a ‘state with
昀椀le of force’ and men buried under arms. The masses of men serve the
state not as men but as machines, with their bodies. In most cases
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there is no free exercise whatever of the judgment or of the moral

sense; but they put themselves on a level with wood and earth and
stones. Yet, such as these even are commonly esteemed good citizens.
Often most politicians, lawyers, ministers and o昀케ce-holders serve the
state chie昀氀y with their heads, and they rarely make any moral
distinction. A wise man will only be useful as a man, and will not
submit to be ‘clay’ and ‘stop a hole to keep the wind away’, but leave
that o昀케ce to his dust at least. Thus, according to Thoreau, a good
government is always based on the consent of the individuals and
allows them to live honestly and comfortably.
RIGHT OF REVOLUTION
Thoreau says about right of revolution thus:
“All men recognize the right to revolution;
that is, the to refuse to allegiance to, and to
resist, the government, when its tyranny or its
ine昀케ciency are great and unendurable.” He
further says,”………when a sixth of the
population of a nation which has undertaken to
be the refuge of liberty are slaves, and a whole
country is unjustly overrun and conquered by a
foreign army, and subjected to military law, I
think that is not too soon for honest men to
rebel and revolutionize. What makes this duty
the more urgent is that the country so overrun
is not our own but ours is the invading army.”
Thoreau says, that Parley, is his essay on the
“Duty of Submission to Civil Government”
resolves all civil obligation into expediency;
and he proceeds to say that “so long as the
interest of the whole society requires it, that is,
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so long as the established government cannot

be resisted or changed without public
inconveniency, it is the will of God…….that the
established government be obeyed……….and
no longer. This principle being admitted, the
justice of every particular case of resistance is
reduced to a computation of the quantity of the
danger and grievance on the one side, and the
probability and expenses of redressing it on
the other.” Of this, Parley says, every man
shall judge for himself. But Parley appears to
have contemplated those cases to which the
rule of expediency does not apply, in which a
people as well as an individual must do justice,
cost what it may.”

DISOBEDIENCE TO UNJUST LAWS

Thoreau had no faith in the existing laws. He called them unjust laws
which strangle man’s freedom. He questioned their propriety and
asked the people to break unjust law.
RESPECT FOR INDIVIDUAL
Thoreau asserted, like many individualists, that the authority of the
government is an impure one. But the government must have the
sanction and consent of the governed in order to be strictly just. It can
have no pure right over individual and property but what he concedes
to it. The progress from an absolute to a limited monarchy, from a
limited monarchy to a democracy, is a progress towards a true respect
for the individual. Even the Chinese philosopher, Confucius was wise
enough to regard the individual as the basis of the empire. Is
democracy, such as we know it, the last improvement possible in
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government? There will never be a really free and enlightened state

until the state comes to recognize the individual as a higher and
independent power, from which all its own power and authority are
derived, and treats him accordingly.
Thoreau concludes his essay ‘Civil Disobedience’ by saying, “I please
myself with imagining a state at last which can a昀昀ord to be just to all
men, and to treat the individual with respect as a neighbour; which
even would not think it inconsistent with its own response if a few were
to like aloof from it, nor embraced by it, who ful昀椀lled all the duties of
neighbour and fellow men. A state which bore this kind of fruit, and
su昀昀ered it to drop o昀昀 as fast as it ripened, would prepare the way for a
still more perfect and glorious state, which I have also imagined, but
not yet anywhere seen.”

THE PROBLEM OF GANDHIAN CIVIL DISOBEDIENCE AND

POLITICAL OBLIGATION
DOCTRINE OF SATYAGRAHA [SATYAGRAHA, AS A TECHNIQUE OF CIVIL
DISOBEDIENCE : Gandhiji used Satyagraha as a technique of the 昀椀ght
of an oppressed people against foreign rule. According to Gandhi,
every nation should have ‘swaraj’. Swaraj is the birth right of every
citizen. Every nation should have independence. Gandhi frankly called
the alien rule as ‘satanic’. Swaraj means a state such that the citizens
can maintain our separate existence without foreign rule. Swaraj is an
ideal society in which everyone has the capacity to resist the abuse of
authority. Swaraj implies the reign of complete social justice, equality
and freedom. Swaraj also desires a social order without egoistic
interests that causes social con昀氀icts and tensions. Swaraj means the
rule of the people of a nation-state. Gandhi evolved the technique of
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Satyagraha, a novel and a unique way to resist the evil of foreign rule.
It is a device through which the unjust, impure, untruthful and evil are
tested.

The literal meaning of the term ‘Satyagraha’ is ‘persistence for truth’.

It is the soul force or love or truth force. The term Satyagraha was
coined by Gandhi in South Africa to express the force that Indians
there used. It was conceived as a weapon of the strong and excluded
the use of violence and hatred in any sphere or form. Satyagraha is a
relentless search for truth and a determination to teach truth force
through nonviolent means. It literally means holding on to truth. So it is
a truth force. It is not based on thr force of arms, but on the force of
truth and love. According to Gandhi, a satyagrahi is a fearless person.
He will never submit to any arbitrary action. He who has attained the
satyagrahi’s state of mind will remain victorious under all conditions.
So it is belief in the power of the spirit, the power of truth, the power of
love by which man can overcome evil through self-su昀昀ering and self-
sacri昀椀ce. His Satyagraha related to two things; it enjoins upon man the
duty to eradicate evil and positively, it reminds him of his obligation to
serve the community. Satyagraha is a very powerful nonviolent
method of direct action. A satyagrahi exhausts all other means before
he resorts to Satyagraha. He also uses as his weapon against injustice
after having exhausted all other possibilities of persuasion and
conciliation. Satyagraha as a weapon of social control is eternal and
creative. A satyagrahi does not crave or indulge in for personal gain or
glori昀椀cation, or to humiliate anyone. The entire social life is impossible
without Satyagraha which is a true religion. It is not only employed
against rulers and ruled, but also the society and the government. It is
a practical philosophy. Satyagraha may be understood as a technique
for resolving con昀氀icts and a method for 昀椀ghting evils. According to
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Gandhi, Satyagraha is practicable in every situation. The satyagrahi

becomes mentally strong by enduring physical su昀昀ering. In this
context Gandhi wrote, “I see that Satyagraha is assured of divinity and
that in testing a satyagrahi, the creator imposes on him at every step
as much burden as he can bear.” There are three forms of Satyagraha.
These forms may be applied in a satyagraha campaign. These were
most commonly employed during the freedom struggle in India under
the leadership of Gandhi. There are three forms of Satyagraha,
namely: (a) non-cooperation, (b) civil disobedience, and (c) fasting.
Non-cooperation means renunciation of the bene昀椀ts of a system with
which we are associated. It involves voluntary su昀昀ering in the process
of resisting evil. Secondly, it consists of civil disobedience which
involves direct contravention of speci昀椀c laws like non payment of taxes
and so on. The spirit of civil disobedience consists in defying all those
laws which are considered unjust. It is an act of civility since it is
opposed to all forms of violent and uncivilized behaviour. It involves
disobedience to the unjust. But it involves a higher moral law, truth
and justice. It advocates a civilized way of life. It opposes all uncivilized
acts, uncivil and violent. On the other hand, disobedience is to be civil.
Finally, fasting is the most potent form of Satyagraha.it is self in昀氀icted.
Fasting is the highest expression of the prayer of a pure and loving
heart. It is indispensable.

SATYAGRAHA VERSUS DURAGRAHA

The essence of Satyagraha is that it seeks to eliminate antagonisms
without harming the antagonists themselves, as opposed to violent
resistance, which is meant to cause harm to the antagonist. A
Satyagrahi therefore does not seek to end or destroy the relationship
with the antagonist, but instead seeks to transform or ―purify it to a

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higher level. A euphemism sometimes used for Satyagraha is that it is

a ―silent force or a ―soul force (a term also used by Martin Luther
King Jr. during his famous ―I Have a Dream speech). It arms the
individual with moral power rather than physical power. Satyagraha is
also termed a ―universal force, as it essentially ―makes no distinction
between kinsmen and strangers, young and old, man and woman,
friend and foe.
Gandhi contrasted Satyagraha (holding on to truth) with ―duragraha
(holding on by force), as in protest meant more to harass than
enlighten opponents. He wrote: ―There must be no impatience, no
barbarity, no insolence, and no undue pressure. If we want to cultivate
a true spirit of democracy, we cannot a昀昀ord to be intolerant.
Intolerance betrays want of faith in one's cause. Civil disobedience and
non-cooperation as practiced under Satyagraha are based on the ―law
of su昀昀ering, a doctrine that the endurance of su昀昀ering is a means to an
end. This end usually implies a moral upliftment or progress of an
individual or society. Therefore, non-cooperation in Satyagraha is in
fact a means to secure the cooperation of the opponent consistently
with truth and justice.
Satyagraha: Gandhi’s approach to peacemaking
As a major 昀椀gure of peace in our century, Mohandas Gandhi warrants
serious attention, both for his ideas of nonviolence and for his
courageous translation of these ideas into action.

As Martin Luther King, Jr., so aptly said, ‘If humanity is to

progress, Gandhi is inescapable—we may ignore him at our
own risk’
.

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In this article, the Gandhian perspective on peace and the applicability

of his thesis of nonviolent action to contemporary con昀氀ict situations is
examined. Fundamental concepts:
1. According to Gandhi, the supreme human endeavour should be
the pursuit of Satya, Truth. Gandhi often quoted the core
philosophical assertion from the Bhagavad-Gita Gita, satyanasti
paro dharma, ‘there is no higher duty than adherence to Truth.’
This was the Upanishad concept of the ultimate, eternal Truth
that is akin to self-realization, transcending barriers of history,
time, and culture. However, it was not the eternal Truth that
guided Gandhi’s thought and action, but the idea of relative
Truth.
2. The basic operative assumption that Gandhi makes is that
nonviolence constitutes a positive procedure for promoting
worthwhile social change. It is not merely that one should refrain
from violence, because it is wrong; sometimes violence is not
wrong. There can be conditions in which one is justi昀椀ed in
in昀氀icting violence—for instance, if the only other choice is acting
in a cowardly manner. Violence is also justi昀椀ed for the protection
of those under one’s care, or under the care of the larger
community. In Gandhi’s view, the best response was based on
nonviolence; the second best was violent defense. The worst
form of response was submission to a tyrant or running away out
of fear of consequences. In Gandhi’s words: I would rather
have India resort to arms in order to defer her honour
than that she should, in a cowardly manner, become or
remain a helpless witness to her own dishonour.
3. This, then, brings us to the central idea in his thesis, Satyagraha,
which literally means ‘clinging to truth’ or ‘holding fast to truth.’

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The notion of satyagraha combines the ideas of truth and

nonviolence
As a concept Satyagraha gave expression to Gandhi’s religious
and ethical ideas; as a technique, it put these ideas into
practice; and as a philosophy, it mobilized Hindu philosophical
traditions to eliminate contemporary social injustice
Beginning in South Africa, Gandhi launched Satyagraha against the
laws of the Transvaal government, which required every Indian to
procure a certi昀椀cate of registration or face deportation. Another set of
South African laws declared Hindu, Muslim, and Parsee marriages
illegal. Opposition through Satyagraha involved the imprisonment of
thousands of Indians and eventually led to the nulli昀椀cation of those
laws. After arriving in India, Gandhi implemented Satyagraha in 1916-
17 against the British indigo planters at Champaran in Bihar, where
peasant cultivators were unfairly treated and taxed. In 1918
Satyagraha was also brought to bear on the dispute between the
textile mill owners and labourers in Ahmedabad and involved a strike
by workers. The technique of satyagraha was subsequently practiced
in 1924 on behalf of the untouchables, who had been forbidden to use
the roads in the vicinity of the Vykom temple in Travancore, South
India. Having re昀椀ned his strategy on relatively smaller stages, Gandhi
launched a series of Satyagraha campaigns, beginning in 1930, which
involved mass participation in civil resistance and non-co-operation
aimed at the British. In the majority of these campaigns Gandhi
achieved remarkable success, gaining ever growing popular
participation and support for his declared objectives

Implicit in Satyagraha was Gandhi’s assumption that all rulers

are dependent for their position and power upon the
obedience and cooperation of the ruled. Their power therefore
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comes from outside themselves. If subjects withdraw

cooperation and refuse to submit, a regime will become
seriously weakened.

After an analysis of 昀椀ve major Satyagraha campaigns launched by

Gandhi during the struggle for national independence, Joan Bondurant
concludes: ‘In examining Satyagraha in action, it becomes clear that
satyagraha operates as a force to e昀昀ect change’. To succeed, it
required ‘a comprehensive program of planning, preparation, and
studied execution,’ and not simply a spontaneous upsurge of mass
protest. Satyagraha failed whenever ‘one or more of the stages of the
campaign was slighted.’

Joan Bondurant maintains that religious or philosophical compatibilities

alone do not explain Gandhi’s success in India. In fact, the theory of
con昀氀ict underlying Satyagraha and the strategy it yields have wider
applications that go well beyond India. She cites the Khudai
Khidmatgar (Servants of God) movement among Pathan Muslims in the
Northwest Frontier Province of British Indleader, recruited thousands of
Muslim supporters and carried out a successful nonviolent struggle.
The Muslim Pathans are known for their bravery, and their general
population lives by the creed of military honor and valor in battle.
Indeed, in one rather touching episode described by the author, Muslim
Pathan women, who are traditionally wont to hide behind a veil, when
forced, they lay down with copies of the Quran clutched to their hearts.

Gene Sharp, in his book, Gandhi as a Political Strategist, cites

several more instances of Satyagraha and persuasively argues
that since Gandhi’s use of it in India, the technique has been
implemented far more widely than is generally believed.
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Among the most important instances he cites is its adoption by

Martin Luther King, Jr., against racist practices in the United
States.

Even in totalitarian systems, there have been instances of similar

resistance, although nowhere has it led to the overthrow of such
regimes. The Norwegian resistance during the Nazi occupation is one
of the most signi昀椀cant examples. Other cases include:

Major aspects of the Danish resistance, 1940-45, including the

successful general strike in Copenhagen in 1944; major parts
of the Dutch resistance, 1940-45; the last German rising of
June 1953, in which there was massive nonviolent de昀椀ance
which included women in Jena sitting down in front of Russian
tanks; strikes in political prisoners’ camps in the Soviet Union
1953, which are credited with being a major in昀氀uence for
improving the lot of prisoners; and the major aspects of the
Hungarian revolution, 1956-57, in which in addition to the
military battles there was demonstrated the power of the
general strike, the large-scale popular nonviolent de昀椀ance.
Sharp further points out that the degree of ‘success and failure’ varies
in each case.
GANDHIJI ON POLITICAL OBLIGATION TOWARDS THE STATE OR
GANDHIAN CIVIL DISOBEDIENCE VS. POLITICAL OBLIGATION
The concept of political obligation is that the citizen must obey the
laws of the state. A law is a good laws and should be obeyed only if
and when the it has triumphed in a trial of strength against the
expressed wills of the other groups, that is, if and when it has been
already obeyed. A citizen must have 昀椀rst rendered willing obedience to
the law of the state. One must have shown a willing, intelligent and
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spontaneous obedience to the laws of the state. Civil disobedience is

against the concept of political obligation. However, civil disobedience
was considered by Gandhiji as a just and moral duty of citizens against
an unjust political order. He condemned British rule and Englishmen’s
racism and violent methods in the administration of India. He
condemned imperialism and colonialism.Gandhiji opined if the
government would not represent the will of the people and if it would
resort to dishonest means to suppress the people and exploit them,
then the violence the laws should be disobeyed. Gandhiji fought
against state violence with the force of non-violence through
Satyagraha. According to him, Satyagraha means the exercise of the
purest soul force against all injustice, oppression and exploitation.
Satyagraha wants not to endanger the opponent but to overwhelm him
by the 昀氀ooding power of innocence. Gandhiji says, “A satyagrahi
obeys the laws of society intelligently and of his own free will because
he considered it to be his sacred duty to do so. It is only when a person
has thus obeyed the laws of society scrupulously that he is in a
position to judge as to which particular rules are good and just, and
which unjust. Only then does the right accrue to him of the civil
disobedience of certain laws in well-de昀椀ned circumstances. The
capacity for civil resistance comes from the discipline undergone in the
process of obeying the civil and moral laws of the state. A satyagrahi
while resisting the laws of the government should see that the social
structure is not subverted.” Civil disobedience of the laws of the
government was a strong form of satyagraha. Gandhiji opined
complete disobedience implying a refusal to render obedience to state
made laws can be a very powerful movement. It would be more
dangerous than an armed rebellion, because the stupendous power of
innocent su昀昀ering undergone on a great scale has a great potency.
Gandhiji says, “For me every rule is alien that de昀椀es public opinion.”
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Gandhiji believed that Indians were entitled to freedom because of the

immense su昀昀erings that they had undergone for it. He severely
criticized the imperialistic and colourialistic British rule over the
Indians. He justi昀椀ed civil disobedience to British atrocitic government
laws. Gandhiji stressed that there was political obligation on every
citizen to abide state laws, if they are just and genuine and if they are
bad and unjust, the citizens have a right to protest it and to disobey
them. According to Gandhi ‘soul’ is superior and no bad law could
stand before its moral value. The dictates and commands of any
government, if they con昀氀icted with the sense of higher duty of a
person, have to be resisted. Such person or society will risk all dangers
for the sake of truth.
CRITICISMS OF GANDHIJI’S DOCTRINE OF SATYAGRAHA
1. The doctrine of Satyagraha is too spiritual. Satyagraha may be a
superior method in theory but in practice it demands a stronger
self-control, a more enduring solidarity of purpose, a greater
capacity for passive su昀昀ering, a higher ethical development than
most human beings have thus far attained.
2. Gandhiji wanted no coercion of any kind, but a satyagrahi may
create a situation in which the other party feels so.

SARVODAYA is a term meaning 'universal uplift' or 'progress of all'. The term was first
coined by Mohandas Gandhi as the title of his 1908 translation of John Ruskin's tract on
political economy, Unto This Last, and Gandhi came to use the term for the ideal of his
own political philosophy. Later Gandhians, like the Indian nonviolence activist Vinoba
Bhave, embraced the term as a name for the social movement in post-independence India
which strove to ensure that self-determination and equality reached all strata of India
society.

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ORIGINS AND GANDHI'S POLITICAL IDEAL

Gandhi received a copy of Ruskin's Unto This Last from a British friend,
Mr.Henry Polak, while working as a lawyer in South Africa. In his
Autobiography, Gandhi remembers the twenty-four hour train ride to
Durban (from when he 昀椀rst read the book, being so in the grip of
Ruskin's ideas that he could not sleep at all: "I determined to change
my life in accordance with the ideals of the book. As Gandhi construed
it, Ruskin's outlook on political-economic life extended from three
central tenets:
1. That the good of an individual is contained in the good of all.
2. That a lawyer’s work has the same value as that of a barber’s in
as much have all have the same right of earning their livelihood
from their work
3. That the life of a labour, i.e the life of a tiller the soil and
craftsman is the life worth living.
Four years later, in 1908, Gandhi rendered a paraphrased translation of
Ruskin's book into his native tongue of Gujarati. He entitled the book
Sarvodaya, a compound (sandhi) he invented from two Sanskrit roots:
sarva (all) and udaya (uplift) -- "the uplift of all" (or as Gandhi glossed
it in his autobiography, "the welfare of all”). Although inspired by
Ruskin, the term would for Gandhi come to stand for a political ideal of
his own stamp. (Indeed Gandhi was keen to distance himself from
Ruskin's more conservative ideas. The ideal which Gandhi strove to put
into practice in his ashrams was, he hoped, one that he could persuade
the whole of India to embrace, becoming a light to the other nations of
the world. The Gandhian social ideal encompassed the dignity of labor,
an equitable distribution of wealth, communal self-su昀케ciency and
individual freedom.

FURTHER READING
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1. Political Obligations – Dr. S.R. Myneni

2. Satyagraha – Wikipedia
3. Sarvodaya – Wikipedia
4. Articles on Gandhi, satyagraha and Sarvodaya
5. Three principles of civil disobedience : Gandhi, King and Thoreau
by Nick Gier
6. Gandhi’s Political Ethics – Paul F. Power

BENTHAM’S UTILITARIANISM

QUESTION FORMAT
1. Explain and criticize Bentham’s Utilitarianism. [2007]
2. “Greatest happiness of the greatest number.” [2006,2004]
3. Explain the contribution of Jeremy Bentham and J.S. Mill towards
utilitarianism. [2008]
SYNOPSIS
 Bentham’s political obligation of utilitarianism
 Meaning of utility
 Pleasure-pain theory
 Sources of pleasure or pain
 Factors governing pleasure and pain
 Characteristics of the doctrine of utility
 Criticisms of the doctrine of utility
 Signi昀椀cance of Bentham’s political obligation of utilitarianism
BENTHAM’S POLITICAL OBLIGATION OF UTILITARIANISM
Jeremy Bentham was the father of utilitarian school of thought. He
based his principle of utility on the basis of the following assumptions;
1. All pleasures are similar and they di昀昀er only in quantity and not
in quality. Push pin and poetry are capable of giving equal
pleasures to a man.

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2. The pleasure of one man is as important as of another. This

requires the acceptance of the principle of equality.
3. There is no con昀氀ict between the interests of the individual and of
the community as a whole, as the interest of the community is
nothing or less than the sum total of the interests of the
members who compose it.
MEANING OF UTILITY
Bentham used the word ‘utility’ as a synonym for the word ‘good’ or
‘value’. Everything that brings happiness is good and anything that
does not bring happiness is not good. The desire of every individual is
to be happy and pleasant. He likes happiness and dislikes happiness.
By nature man is repulsive to sorrows and miseries. Everyone wants to
be happy. Bentham says,” Utility is property in any object, whereby it
tends to produce bene昀椀t, advantage, pleasure, good or happiness of
the greatest number”. He says, “ an adherent to the principle of utility
holds the virtue to be a good thing by reasons only those of pleasures
which result from the practice of it, he esteems vice to be a bad thing
by reason only of the pains which follow in its train.” The doctrine of
utility is therefore a hedonistic theory. When Bentham spoke of the
good and bad consequences of an action, he only meant the happy or
painful consequences of that action.
PLEASURE-PAIN THEORY
According to Bentham, human beings are creatures of feeling and
sensibility. Reason is only a hand made of feeling or passion. All
experiences are either pleasurable or painful. That action is good which
increases pleasure, and decreases pain. That action is bad which
decreases pleasure and increases pain. The yard stick to judging the
goodness or badness of every individual’s actions is the pleasure-pain
theory. Bentham borrowed the pleasure and pain principles from
Helvetius. According to Bentham, “Nature has placed mankind under
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the governance of the sovereign masters, pain and pleasure. It is for

them alone to point out what we ought to do, as well as to determine
what we shall do. On the one hand, the standard of right and wrong,
and on the other hand, the chain of causes and e昀昀ects are fastened to
their throne. The principle of utility recognizes this subjection and
assumes it for the foundation of that system, the object of which is to
rear the fabric of felicity by the hands of reason and law system which
attempts to question it, it leads in sounds instead of senses, in caprice
instead of reason, in darkness instead of light”.
According to Bentham, everything was to be valued, adjusted and
measured only in terms of pleasure and happiness. He says, “The
principle of utility consists in taking as our starting point, in every
process of reasoning the calculus of comparative estimates of pains
and pleasures and in not allowing any other idea to intervene. An
adherent to the principle of utility holds virtue to be a good thing by
reason only of the pleasures which result from the practice of it; he
esteems vice to be a bad thing by reason only of the pains which
follows in train.” For Bentham a man should not only aim at his own
happiness but at collective happiness of the greatest number of
people.
SOURCES OF PLEASURE OR PAIN
Bentham lists out the following four sources of pleasure or pain:
1. Pleasure and pain which occur due to physical or natural
sanction: We experience or expect them in the ordinary course of
nature, not purposely modi昀椀ed by any human interposition.
2. Pleasure and pain that occur due to moral sanctions : These are
pleasure and pain which we experience or expect at the hands of
our fellows prompted by the feeling of hatred or goodwill.

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3. Pleasure and pain that occur due to political sanctions: Such

pleasures or pain are received from the magistrate or the
legislator.
4. Pleasure and pain which occurs due to religious sanction.
Bentham himself explained these four types of sources thus: “Suppose
a man’s house is destroyed by 昀椀re, if it is due to his own imprudence, it
is the punishment of the nature. If it is at direction of some power, it is
a punishment of political sanction. If it is done by his neighbor, due to
ill-will, it is a punishment of moral or popular sanction. If it is an act for
o昀昀ending divinity, it is a punishment of religious sanction”.
FACTORS GOVERNING PLEASURE AND PAIN (OR HEDONISTIC
CALCULUS OF UTILITY)
Bentham also provided a theory known as ‘Hedonistic Calculus’. He
claims that by using it one can measure the pleasure of utility. Man
does only that thing which gives him the maximum utility and thought
it the maximum pleasure. If we want to know which thing gives the
maximum happiness, we must be able to measure utility.
According to Bentham, what applies to individual morals, applies with
equal force to state craft. That action of the state is good which
increases pleasure or decreases the pain of the largest number of the
individuals comprising it. All actions must be judged on this criterion. If
the state promotes the greatest good of the greatest number it is
good, otherwise it is bad. The principle of utility is held to be the
rational guide both t private morals and to public policy. Hence,
utilitarianism implies both individualism and democracy.
It is necessary to know whether the proposed legislation gives pleasure
or pain to the people, how much and to how many. The end of
legislation should be the happiness of the people. In the matters of
legislation general utility should be the guiding principle. The science
of legislation consists therefore in determining what makes for the
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good of the particular community whose interests are at stake.

According to Bentham, the legislator has had to keep in view the four
ends namely, security, subsistence, abundance and quality.
Bentham attaches three conditions to his principle of utility;
i) it must be clear and precise
ii) it must be single and su昀케cient amount of motivation
iii) it must be applicable by means of a moral calculus

Thus, Bentham’s doctrine of utility is a hedonistic doctrine which

recognizes no higher or lower pleasures. It is theory concerned with
results and not motives. The following deductions can be made from
the doctrine of utility:
1. The pleasure is the only good thing and desirable thing for a
man. All other things – wealth, position, health and even virtue
are secondary, and serve as a means to the ultimate
accomplishment of happiness.
2. That, pleasure and pain can be arithmetically calculated with at
least so much accuracy and precision and to enable us to
formulate rules encouraging one sort of behaviour and
discouraging the others.
3. That we should not only think of our own pleasures and pains but
also to see to the likely e昀昀ects of our actions on the happiness of
others.
CHARACTERISTICS OF THE DOCTRINE OF UTILITY
Bentham’s utilitarian doctrine has the following characteristics:
1. It is a hedonistic (pleasure) and pragmatic. It is not egoistic and
altruistic.
2. It is based on quantity to happiness but not on the quality of
happiness.
3. It is concerned with the result but not the motive.
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4. It tells us whose pleasure or happiness is to be sought.

5. It tells us how to regulate our conduct.
6. It is universal.
7. It is objective, veri昀椀able, unequivocal and clear.
CRITICISMS OF THE DOCTRINE OF UTILITY
Bentham’s theory of utility has been criticized on the following grounds
:
1. It is a materialistic theory. There is no place for quality or
conscience in this theory. It does not attach any importance to
the moral actions of a person.
2. He forgot about the society. He thought about the individual
happiness only.
3. It is an impracticable theory. It is impossible to measure
happiness.
4. His principle is confusing and ambiguous. We 昀椀nd so many
alternatives for the same issue. So straight line answers are not
acceptable in politics.
5. The concept of pleasure di昀昀ers from person to person and place
to place. It has no universality and to give it a universal outlook
is impracticable.
6. It makes people sel昀椀sh and self-centered. His theory takes it for
granted that everyone is sel昀椀sh which might be true with some
people but cannot be universally so.
7. Bentham’s theory of utility is considered as impracticable
because it is impossible to achieve greatest happiness of the
greatest number.
8. Bentham has ignored that there could be a con昀氀ict between the
self-interest of an individual and good of the community.

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SIGNIFICANCE OF BENTHAM’S POLITICAL OBLIGATION OF

UTILITARIANISM
Bentham’s straight forward statements challenging the then existing
social and political institutions have universal appeal. His philosophy
gave a severe blow to the social contract theory, when he said that the
state was not the outcome of any contract but only because the people
saw in it their advancement. His philosophy preached democracy and
democratic institutions which was a bold step in those days. His
utilitarianism shook many of the age-old institutions from their very
foundations.
His utilitarian principles which are a common sense formula of the
‘greatest happiness of the greatest member’ had been of immense
value which helped to face the problems of his day and hold good even
today. It has given the legislators somewhat a measuring rod by which
they could judge the utility of a particular legislation. Though the utility
cannot be measured cardinally, it can be measured ordinally. Bentham
treated all problems from the utilitarian point of view and all his other
theories, legal, political and social are but an extension of his ethical
theory. He o昀昀ered practical solutions to reform the English society. He
applied the principle of utility to the question of property. He
contended that property was an institution which brought happiness to
its owner. To achieve the end of ‘greatest happiness of the greatest
number’ required that the property be equally distributed among the
people. But he did not want to take away the property right from its
owners but he wanted to remove the disparity by imposing limitations
on inheritance. In the words of Fredric Pollock, “The utilitarian principle
was made a book to put in the nostrils of Leviathan than he may be
tamed and harnessed to the chariot of utility”. Bentham, unlike the
idealists and the collectivists, emphasized the view that the state
exists for a man and not man for the state. This the correct view of the
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relations between the individual and the state. The interests of the
individual are primary, for whose protection the state ushers into
existence.

FURTHER READING
1. Utilitarianism: From Encyclopedia Britannica
2. Utilitarianism – John Stuart Mill
3. Political Obligations – Dr. S.R. Myneni

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CONTRACTUAL AND PROMISSORY LIABILITY

QUESTION FORMAT
1. Discuss the basis of contractual liability. [2008]
2. Discuss the basis of promissory and how are these contractual
liabilities to be enforced? [ 2006]
3. Discuss the basis of promissory and contractual liability. [2004]
CONTRACTUAL LIABILITY
Synopsis
 Introduction
 Nature of a contract (relation of contract with agreement)
 Types of contracts
 Classi昀椀cation of contracts in terms of validity or enforceability
 Foundations of contractual liability

PROMISSORY LIABILITY
Synopsis
 Liability
 Promise
 Promissory liability of the bargain model
 Essentials of a valid o昀昀er
 Acceptance
 Essentials of a valid o昀昀er
 Essentials of a promise
 Aspects of promissory liability

INTRODUCTION
The word contract is derived from the Latin term ‘contractum’ which
means ‘drawn together’. Thus the meaning of contract is a drawing
together of two or more minds to form a common intention giving rise
to an agreement. Every promise enforceable by law is a contract, and

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all contracts are regarded in the modern law as founded on promises

expressed or implied, that is to say, either framed in express or implied
from the promisor’s acts or conduct. The obligation of contract is
distinguished from other kinds of obligation in this, that its contents
are wholly determined by the ascertained will of the parties. The law
may restrain the e昀昀ect of a promise for paramount reasons of
convenience, but it will impose nothing that is not is contained in the
promise, or by construction of law deemed so to be. Thus, contract is a
bargain or agreement voluntarily made upon good consideration
between two or more persons capable contracting to do or forebear to
do some lawful act.

NATURE OF CONTRACT (RELATION OF CONTRACT WITH

AGREEMENT)
A contract consist of two essential element namely, obligation and
agreement. An obligation is a legal tie, which binds the parties
together. It is an undertaking to do or to abstain from doing some
de昀椀nite act. It may relate to either social or legal matters. Social
matters are not enforceable. Legal obligations which have their source
in agreements alone are enforceable.
An agreement is an accepted proposal. Every agreement is made of a
proposal from one side and its acceptance by the other. An agreement
is regarded as a contract when it is enforceable by law. An agreement
is a contract when it is made for consideration, between parties who
are competent, with their free consent and for a lawful object. Thus
every contract is an agreement, but every agreement is not a contract.
An agreement grows into a contract when the following conditions are
satis昀椀ed:
i) there is some consideration
ii) the parties are competent to contract
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iii) their consent is free

iv) their object is lawful

TYPES OF CONTRACT
EXPRESS CONTRACT – An express contract is one where the
intention of the parties and terms of the agreement are declared or
expressed by the parties, in writing or orally, at the time it is entered
into. It is an express contract, although some of its terms are
dependant on the happening of the future event.
IMPLIED CONTRACT – An implied contract, in the proper sense, is
where the intention of the parties is not expressed, but an agreement
in fact, creating an obligation, is implied or presumed from their act,
as, in the case of where a person performs services for another, who
accepts the same, the services not being performed under such
circumstances as to show that they were intended to be gratuitous, or
where a person performs for another on request. Thus, contracts which
come into being on account of the act or conduct of parties and not by
their express words are known as implied contracts.
CLASSIFICATION OF CONTRACTS IN TERMS OF VALIDITY OR
ENFORCEABILITY
1. VALID CONTRACT – An agreement enforceable at a court of law
is called a valid contract. It is legally binding and enforceable. It
creates rights in personam. A valid contract has all the essentials
that are also the essential elements of a contract.
2. VOID CONTRACTS – A contract which is not enforceable by law
is void. A contract which ceases to be enforceable by law
becomes void when it ceases to be enforceable. It has no legal
e昀昀ects. It is nullity. It does not give rise to any rights and
obligations. It is really not contract at all. There are a number of

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contracts which are declared void by law on grounds of morality,

social considerations or impracticability.
3. VOIDABLE CONTRACTS – A contract which can be cancelled or
repudiated or avoided by one of the parties to it is a voidable
contract. Such a contract is valid and good until it is avoided.
Once it is avoided, it is void. But if the party chooses to a昀케rm it,
the contract continues to be valid. The party entitled either to
a昀케rm it or reject it, is naturally the aggrieved party. An
agreement which is enforceable by law at the option of one or
more of the parties thereto, but not at the option of the other or
others, is a voidable contract. Agreements caused by coercion,
undue in昀氀uence, fraud or misrepresentation are voidable. In such
cases, the party whose consent is so caused becomes the
aggrieved party. The aggrieved party has the option to either
a昀케rm of rescind the contract. The other party does not have any
such right.

FOUNDATIONS OF CONTRACTUAL LIABILITY

Liability is the legal duty to do something or to abstain from doing
something. The parties to the contract have some obligations or legal
duties to be followed. The parties who enter into an agreement have
liabilities to be followed. Some of such contractual liabilities are the
following:
1. The parties of the contract should enter into an agreement with
the parties who are competent to the contract. The party should
have the capacity to contract. The parties have the liability not to
contract under the following circumstances;
i. If he is a minor,
ii. If he is of unsound mind
iii. If he is disquali昀椀ed from contracting under any law
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iv. If he is convict undergoing imprisonment

2. The party should enter into an agreement that there should be
free consent on both sides. Consent is said to be free when it is
caused by coercion or undue in昀氀uence or fraud or
misrepresentation.
3. The parties should enter into an agreement of validness with
lawful object and consideration. They should not enter into any
unlawful agreements which are forbidden by law, or defeats the
provisions of any law, or are fraudulent or involves or implies
injury to the person or property of another, or the court regards
it as immoral or opposed to public policy.
4. The agreement should not be opposed to public policy. Public
policy is that principle of law which provides that no person can
lawfully do that which is injurious to the public or is against the
interests of the society or the state.
5. The parties to the contract should not enter into immoral
agreements, agreements that are illegal and void on grounds of
public policy.
6. The parties to the contract must either perform or o昀昀er to
perform their respective promises, unless such performances is
dispensed with or excused under the provisions of law. A
contract imposes obligation on the parties to perform within the
昀椀xed time at the 昀椀xed place in the manner prescribed in the
contract.
7. When two or more persons have made joint promise, all of them
must jointly ful昀椀ll the promise.
8. Liability or obligation under a contract cannot be assigned to
another person.
9. Parties to a lawful contract are bound to perform their respective
liabilities or obligations. If any party fails to perform his
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obligation, he is said to have committed breach of contract. The

other party has the liability to claim remedies
10. A master is liable for the wrong of his servant if it is
committed in the course of the servant’s employment. A
principle is liable for his agent’s wrong done within the ‘scope of
authority’.

PROMISSORY LIABILITY

LIABILITY
Liable means bound or obliged by law. Liability means the state of being liable, that for
which one is responsible or liable, obligation in general; that condition of affairs which
gives rise to an obligation to do a particular thing to be enforced by action; responsibility,
legal responsibility.
PROMISE
Promise is a declaration made to another person with respect to the future, stating that
one will do or refrain from some specified act or that one will give some specified thing.
Promise is an engagement for the performance or non-performance of some particular
thing.
PROMISSORY LIABILITY OF THE BARGAIN MODEL
For making a promise, there must be an offer. The person who makes the offer is
generally called the offeror and the person accepting the offer is called the offeree. An
offer has two essential parts. It is in the first place, an expression of the offeror’s
willingness to do or to obtain from doing something. Secondly, it should be made with
the view to obtaining the assent of the offeree to the offered act or abstinence. An offer
may be an expressed or implied. An offer which is expressed by words, written or

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spoken, is called an express offer. An offer which is expressed by conduct is called an

implied offer.
ESSENTIALS OF A VALID OFFER
1. The offer must be capable of creating a legal relation.
2. Terms of an offer must be certain.
3. Offer may be specific or general.
4. Offer must be communicated to the offeree.
5. An invitation to an offer is not a valid offer.
6. Offer must be made with a view to obtaining the assent.
An offer may lapse for want of acceptance or revoked before acceptance. Also offeree
may decide to reject the offer before accepting. Until an offer is accepted it creates no
legal rights, no legal obligations and it may be terminated at any time.
ACCEPTANCE
Acceptance is the second step of promise. When the person to whom the offer is made
signifies his assent thereto. The offer is said to be accepted. An offer when accepted
becomes a promise. Performance of the conditions of an offer or the acceptance of any
consideration for a reciprocal promise which may be offered with an offer, is an
acceptance of the offer. Acceptance may be express or implied.
ESSENTIALS OS A VALID ACCEPTANCE
1. Acceptance must be absolute and unconditional.
2. It must be communicated.
3. It must be in the mode prescribed.
4. It must be given within a reasonable time.
5. It must be given only by the offeree.
6. It must be after an offer
ESSENTIALS OF A PROMISE
Acceptance of offer formulates into promise. Acceptance of offer brings promissory
liability. The essentials of an offer are:
1. There must be at least two parties.
2. The promise must relate to definite acts.

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3. It must relate to legal matters.

4. The parties to it must have identity to minds.
5. The parties must communicate with each other.
6. The parties must be competent.
7. There must be free consent.
8. There must be lawful consideration and lawful object.
ASPECTS OF PROMISSORY LIABILITY
Promise creates definite liability or obligations between the parties. Liability is a legal tie
which imposes upon a definite person the necessity of doing or abstaining from doing a
definite act. A liability, thus, is the legal duty or obligation to do something or abstain
from doing something. Promissory liability relates to legal matters and definite acts of
promise. There is a promissory liability on both the parties of promise when the promise
contains the following essentials.
1. The party to the promise must have capacity and they should not be persons od
unsound mind or a minor. They must be competent to make a promise.
2. The object and consideration of promise should not be forbidden by law. They
should not defeat the provisions of law.
3. The acts should not be injurious to the person or property, immoral and
fraudulent.
4. The acts of promise should not oppose public policy.
5. The promise should not be void and illegal.
6. When consent to a promise is caused by force, fraud or misrepresentation, the
promise has no liability and is voidable at the option of the party whose consent
was so caused.
7. The promise should be in standard form.
Parties to a promise are bound to perform their respective obligations. If any party fails to
perform his obligation, he is said to have committed breach of promise and is liable to
legal action and claims for remedies. A liability arises only when the promisee had by
doing some act, on the faith of the promise, altered his position. If follows, therefore, that
where the promisee has done nothing, there is no liability.

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FURTHER READING
1. Political Obligations – Dr.S.R.Myneni

PUNISHMENT

QUESTION FORMAT
1. Explain the theories of punishment and the kinds of punishment. [2008]
2. Explain the theories of punishment. [2007]
3. What are the basis of sanctions against crimes? [2007]
Short notes
Criminal sanctions [2007]
SYNPOSIS
 Introduction
 What is a crime?
 What is the remedy to crime? (punishment)
 Nature and scope of punishment
 Object of punishment (individual and society)
 Theories of punishment
v) deterrent
vi) preventive
vii) reformative
viii) retributive
 Conclusion

INTRODUCTION
Each society has its own way of social control for which it frames certain laws and also
mentions the sanctions with them. Theses sanctions are nothing but punishments. The
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kinds of punishments given are surely influenced by the kind of society one lives in. as
punishment generally is provided in criminal law, it becomes imperative on our part to
know what crime or an offence really is.
WHAT IS A CRIME?
A crime is any act that violates the law. Crime is behaviour or an action that is punishable
by criminal law. A crime is a public, as opposed to a moral wrong. It is an offence
committed against the state or the community at large. Many crimes are immoral, but not
all actions considered immoral are illegal

WHAT IS THE REMEDY TO CRIME? ( PUNISHMENT)

Not all violations of law forbidding or commanding an act are crimes. To be a crime
there must be a defined punishment. If the law does not set forth the particulars of the
punishments for the described act or omission, then it is not a crime.
MEANING OF PUNISHMENT
Punishment is the infliction o pain or loss of life, freedom, rights or property, deliberately
imposed on an individual without his consent and against his will. The term punishment
means torture that a person should undergo on account of doing a wrong. It is the
physical implication of law. Punishment is the penalty for the transgression of the law. It
is any damage or pain inflicted on an offender through judicial procedure.
NATURE AND SCOPE OF PUNISHMENT
Punishment may be defined as an evil resulting to an individual from the direct intention
of another, on account of some act that appears to have been done or omitted. Punishment
has the following features;
i) it involves the deprivation of certain normally recognized rights or other
measures considered unpleasant.
ii) It is the consequence of an offence.
iii) It is applied against the author of the offence.
iv) It is applied by an organ of the system that made the act an offence.

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The concept of punishment includes the following areas;

i) Punishment inflicted is a feeling of uncomfortable and unpleasant
circumstances.
ii) It is a sequel of a wrongful act.
iii) There must be some relationship between the punishment inflicted and the
crime committed.
iv) Punishment is a form by which a criminal is made answerable to the society.
OBJECT OF PUNISHMENT
Towards the society – The primary purpose of punishment is a method of protecting the
society by reducing the occurrence of criminal behaviour or an end in itself. Prevention
of crime by punishment is achieved by three ways;
1. Punishment can protect the society by deterring potential offenders from
committing crimes.
2. Punishment can protect the society by preventing the actual offender from
committing further offences.
3. punishment can protect the society and minimize crime by reforming and turning
the criminal into a law-abiding citizen
In these three ways the dominant object of punishment – prevention of crime- is
achieved. The tendency in modern criminal jurisprudence is the emphasis on the
reformative aspect of punishment. The prison is tending to become a place of penitence
and education
Towards the individual – Punishment also has a subsidiary purpose and that is the
elevation of the moral feelings of the community. The emotion of retributive indignation
stirred up by injustice is characteristic of all healthy communities. A noble emotion like
righteous indignation deserves to be fostered by the state. Through criminal justice of the
state, satisfaction is found for the moral senses of the community.
THEORIES OF PUNISHMENT
Punishment is the infliction of pain. If the sole purpose behind punishment is to cause
physical pain to the wrong doer, it serves little purpose. However, if punishment is as
such leads him to realize the gravity of the offence committed by him and to repent at

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once for it, it maybe said to have achieved its desired effect. There are many theories of
concerning the justification of punishment. It is clear that the philosophy of punishment
will affect the actual standards of liability laid down by the law. Punishment may be
distinguished as
i) deterrent
ii) preventive
iii) reformative
iv) retributive
DETERRENT THEORY
Punishment is before all things deterrent and the chief of end of the law of crime
is to make the evil doer an example and warning to all who are like minded with
him. According to this theory, offences are a result of a conflict between the
interests of the wrong doer and those of the society. The aim of punishment is to
dissolve the conflict of interests by making every offence. This theory has been
criticized on the ground that it is ineffective in cases where crime is committed
under severe mental stress. In such cases to punish the wrong doer to deter him is
meaningless.
PREVENTIVE THEORY
Punishment is, preventive or disabling. Its primary and general purpose being to
deter by fear, its secondary and special purpose is wherever possible and
expedient, to prevent a repetition by the wrong doer by the disablement of the
offender. The most effective mode of disablement is the death penalty, which in
practice, in time of peace, is confined to the crime of murder, though it is legally
possible for treason and certain form of piracy and arson.
A similar secondary purpose exists in sub-penalties as imprisonment and
forfeiture of office, the suspension of driving licenses and the old penalty of exile.
The aim of this theory is not to repeat the crime, but this theory takes no note of
the criminal. It prefers to disable the wrong doer from committing any more crime
but it ignores one of the basic object of criminal law i.e., to reform the criminal.
REFORMATIVE THEORY

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A crime is committed as result of conflict between the character and the motive of
the criminal. One may commit a crime either because the temptation of the motive
is stronger or because the restrain imposed by the character is weaker. The
deterrent theory by showing that crime never pays separates the motive, while the
reformative theory seems to strengthen the character of the man so that he may to
not become a victim of his own temptation. This theory would consider
punishment to be curative or to perform the function of medicine.
According to this theory crime is like a disease. This theory maintains that you
can cure by killing. The ultimate aim of reformists is to try bringing about a
change in the personality and character of the offender, so as to make him a useful
member of the society.
RETRIBUTIVE THEORY
Retributive punishment, in the only sense in which it is admissible in any rational
system of administering justice, is that which serves for the satisfaction of that
emotion of retributive indignation which in all healthy communities is strived up
by justice. This was formerly based on the theory of ‘revenge for revenge’ and
‘eye for eye’.
The idea behind the retributive theory is that of the restoration of the moral
character, the appraisement of the disturbed conscience of the society itself and
the maintenance of the sovereign power of the state which becomes aggrieved
when a crime is committed and inflicts punishments to set matters right.
In this it is the deterrent principles which possess predominant influence. It will
not be out of place to mention that gandhiji’s “hate the sin and not the sinner”, is
merely a philosophical assertion and cannot furnish a practical guide in the
administration of justice.
CONCLUSION
Punishment is a method of social control. There is an attempt to portray
punishment as a method of inflicting of unpleasant circumstances over the
offender. Though certain theories like the reformative and preventive rely upon
humanitarian modes of punishment, but these have weaknesses against hardcore

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criminals. Punishments such as the retributive and deterrence through the use of
fear as an instrument to curb the occurrence of crime helps in controlling the
criminals up to a certain extent. As these employ the idea of revenge and
vengeance these are much harsher than the others.

COMMUNISM OR SCIENTIFIC SOCIALISM

QUESTION FORMAT
1. Explain Karl Marx’s view’s on scientific socialism. [2008]
2. Explain the principles of Karl Marx. [2006,2007]
3. Explain the political ideas of Karl Marx. [2004]
SYNOPSIS
 Introduction
 What is communism?
 Communism : Features or fundamental postulates

INTRODUCTION
Communism stands primarily associated with the names of Marx, Engels, Lenin, Stalin
and Mao. Initially Marx and Engels had preferred to use the term ‘Scientific Socialism’
in their work, the Communist Manifesto. Later on in order to distinguish their ideology
from the ideas of Utopian Socialists, social reformers, and others, they decided to adopt
the term Communism for Scientific Socialism.
WHAT IS COMMUNISM?
Since the term communism is used to express many different meanings, it becomes rather
difficult to give a concrete definition of communism. Since it is used to denote a theory

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of society in which all property is held common. Some scholars, however, prefer to
describe it as a working class doctrine which stands for making the workers economic
and political power holders in the society. It is also described by some as revolutionary
socialism.
According to Joad, “Communism is essentially a theory of method, it seeks to lay the
principles upon which the transition from capitalism to socialism is to be accomplished
and its two essential doctrines are the class struggle and the revolutionary transference of
power to the proletariat.”

sCOMMUNISM: FEATURES OR FUNDAMENTAL POSTULATES

Since communism has for its philosophical foundations the ideas and theories formulated
by Karl Marx, it is essential that we should explain these at the very beginning of our
discussion of the features of Marxism.
1. MARXISM AS THE IDEOLOGICAL BASIS OF COMMUNISM:
Communism is based upon the ideas and theories as propounded by Marx and
supplemented by Lenin. The main theories that provide foundations to the
ideology of communism are as follows;
i) DIALECTICAL MATERIALISM – In this theory Marxism
advocates that what is real is matter i.e, material means of life. Matter
in the form of material means, is living and evolutionary. It evolves by
the laws of dialectics- the laws of transformation by imperceptible
quantitative mutations. Matter evolves and reaches its highest stage,
and then the dialectic leap(revolution) comes and it enters the next
stage. It represents a unity of opposites and evolves by the law
negation of negation. In other words matter evolves dialectically.
ii) HISTORICAL MATERIALISM – Historical materialism is the
application of the principles of dialectical materialism to the

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development of the society. It is in fact, on economic or materialistic

interpretation of history. Marx begins the theory of the materialistic
conception of history with the belief that economic activities are the
basis of political, legal, cultural and religious institution and belief.
Various forms of state or varieties of legal system cannot be taken as
results of development of human mind, but have their origin in the
material conditions of human life. The theory starts with the simple
truth that man must eat to live and in order to eat he must produce.
Thus, his survival depends on the success which he can produce what
he wants from nature. Production is the most important of all human
activities. Society is the result of these necessities of man.
iii) CLASS STRUGGLE – Marx advocates the view that each society
has been and shall continue to be inhabited by two classes- the haves
and the have-nots. The haves own the means of production and the
have-nots are the sellers of their labour. The former exploit the latter.
The rich are the exploiters and the poor are the victims of exploitation.
The class struggle is the creed of every society.
iv) SURLPUS VALUE- This theory is based on the labour theory of
value which holds that labour is the real producer of value. A piece of
brass when converted into a brass tap by the labourer, registers a big
value hike. The profit earned from selling it is really the share of the
labour because it is the surplus value created by him. Capitalism is a
system of exploitation because in it the capitalist retains this surplus
value as his profit. The capitalist exploits the fruits of labour and use it
for exploiting labour. Hence capitalism is an evil system of
exploitation.
2. FAITH IN REVOLUTION – Communism has a firm faith in revolution. It
holds that when the social evolution at a particular stage reaches its saturation, a
revolution comes to usher it into the next stage. Communism advocates and seeks
to prepare the workers for a revolution against capitalism. They argue that since

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the of capitalism is certain and it is to come through a revolution, the workers

must prepare and stage the revolution and usher the social evolution towards its
final destination-the communist society
3. DICTATORSHIP OF THE PROLETARIAT – Communism holds that after
the overthrow of capitalism by a workers revolution, the dictatorship of the
proletariat will be established and operationalised. It will be used to eliminate all
remaining features of capitalism. Under it the workers will own the means of
production. They will use and direct the organized power of the state against the
capitalists and other enemies of revolution and socialism. The liquidation of the
class of capitalists and their other supporters will be effected under the
dictatorship of the proletariat. It will also give a death blow to the state.
4. OBJECTIVE OF COMMUNISM – CLASSLESS, STATELESS SOCIETY –
Communism stands for the establishment of a communist society- a classless and
stateless society in which each one will work according to his capacity and each
one will get according to his needs. After the overthrow of capitalism by a
proletarian revolution, the dictatorship of the proletariat wilbe established. Under
it capitalism will be fully liquidated. The state will also wither away. The pre
history will end and the real history will begin after the establishment of the final
stage of social evolution- the communist society. In other words communism
stands for the establishment of a classless and stateless society as its final
objective.

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BIBLIOGRAPHY

1. Political obligations – Dr. S.R. Myneni

2. Foundations of political obligations – A. S. Bhagyashree
Mallikarjun
3. Wikipedia
4. Utilitarianism: From Encyclopedia Britannica
5. Utilitarianism – John Stuart Mill
6. Satyagraha – Wikipedia
7. Sarvodaya – Wikipedia
8. Articles on Gandhi, satyagraha and Sarvodaya
9. Three principles of civil disobedience : Gandhi, King and Thoreau
by Nick Gier
10. Gandhi’s Political Ethics – Paul F. Power

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