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Aditya Biswal

The document discusses the concept of rights, emphasizing their importance for human development and happiness. It defines rights, outlines their characteristics, and categorizes them into various types, including positive and negative rights, as well as moral, legal, natural, historical, and social-welfare theories of rights. The document highlights the interdependence of rights and duties, and the role of the state in recognizing and maintaining these rights.

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12 views13 pages

Aditya Biswal

The document discusses the concept of rights, emphasizing their importance for human development and happiness. It defines rights, outlines their characteristics, and categorizes them into various types, including positive and negative rights, as well as moral, legal, natural, historical, and social-welfare theories of rights. The document highlights the interdependence of rights and duties, and the role of the state in recognizing and maintaining these rights.

Uploaded by

gkkids5389
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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PARAMANDA COLLAGE

,BOLGARH
SUBJECT-POLITICAL
SCIENCE
TOPIC-THE CONCEPT OF RIGHTS

ADITYA
BISWAL
THE CONCEPT OF RIGHTS
Introduction
 Right: In everyday life , we often talk of our rights . As member of a democratic
country we make speak of such rights as the right to vote, the right to political
parties, the right to contest elections and so no. But apart from the generally
accepted political and civil rights, people today are also Making new demands for
rights such as the right to information, right to clean air or the right to safe
drinking water.
 The rights are essential for development of human personality and for
human happiness. Rights are the necessary conditions for the personal,
social, economic, political, mental and moral development of individuals.

 Rights are the social requirement of a social man for the development of his
personality and society at large.

 Rights are the legal, social or ethical principles of freedom or


entitlement, that is, rights are the fundamental. It is allowed of people
DEFINATIONS OF
RIGHTS
• According to Laski, “Every state is known be
the rights that it maintains”.
• Dr. Beni Prasad aid that ,”Rights are nothing
more nor less than those social conditions
which are necessary or favorable to the
development of Personality”.
• Laski Defined Rights, are those conditions of
social life without which no man can seek, in
general, to be Himself at his best”.
• T.H. Green Observers, Rights as, “Rights is a
Power Claimed & Recognised as contributory
to common Good.
CHARACTRISTICS OF
RIGHTS
• Rights are those claims of the individual which are
essential for his development & self.
• Rights arise in society outside Society, there can be
no rights.
• Every rights has a corresponding Duty.
• Rights are not absolute. Restrictions can be placed on
rights in the interests and welfare of the society.
• The state dose not create rights . It only maintains
and co-ordinates those which are socially recognized.
• The enjoyment of rights is conditional on the
performance of duties those & Obligations. Rights
&Duties Go Together .According To Dr.Beni Prasad,
“Rights and duties are interdependent”.
TYPES OF
RIGHTS

Positive rights
Negative Rights
1. Positive rights are that
1. Negative Rights are protect
provide citizens without
people form interference By,
opportunities & facilities
including the Government.
form the state.
2. Thery do not require others
2. They requires State
to do anything.
&other to Do Something.
3. These rights are based on
3. These Rights are Based
individual freedom &
on the idea of equality.
independence.
4. Ex – Right to
4. Ex – Rights to life, Liberty &
Helth,Education,Food,
Property.
Medicine,etc
DIFFERENT TYPE OF
RIGHTS
According to the Conversational theories of rights, Rights are
divided Mainly into 5 types . these are :-

1.Theory of Moral rights.


2.Theory of Legal rights.
3.Theory of Natural
rights.
4.Historical theory of
rights.
5.Social-Welfare Theory
of rights
THEORY OF
RIGHT

Theory of Theory of Theory of Historical Social-welfare


Natural Rights Moral Rights Legal Rights Theory of theory of rights
Rights

Political Economic
Civil Rights
Rights Rights
THEORY OF NATURAL
RIGHTS
• Theory of natural Rights Represents an early of the liberal
perspective on rights .
• This theory was Developed in 17th 718th century political
thought .
• The theory of Natural rights played an important rote in
modern history. It excercised a great influence on the
American & French revolutions .
• This theory argued that some rights were existed in the
state of natural before the existence of state .
• These Rights are not granted by the state .
• The theory of natural Rights has been advocated mainly by
Thomas Hobbes, John Locke ( Two treatises of on
Government, 1962 )
THEORY OF MORAL
RIGHTS
• Like theory natural rights, theory moral rights emanates
form the dictates of human reason .
• Moral rights are those rights are based on human
consciousness. They are backed by moral force of human
mind.
• Moral rights are based on the accepted morals in society .
• These rights are recognized by the society .
• Moral rights not recognized by state nor enforced as well as
protected by state
• Among the advocates of such theories, the names of Laski,
Bentham, Hegel & Austin can be mentioned. According to
them rights are to are granted by the state.
TEORY OF LEGAL RIGHTS

• Theory of legal rights holds that all rights of man


depend on the for their state for their existence.
Rights have no substance until they are recognized
by state .
• According to this theory , rights are given and
protected by state.
• It criticized to the natural theory of rights.
• This theory was developed by bentham in the 19th
Century, he rejects the doctrine of natural rights as
unreal and ill-founded .
• Harold J. Laski criticized legal rights theory in his
“grammar of poltics”. Every state is known by the
rights that it maintains.
• Key theory of Legal Rights are -
HISTORICAL THEORY OF RIGHTS
• Historical theory of rights holds that rights are
product of long historical process .
• Evoluation differs form state of state and form
time. This rights same in every society at the same
time .
• According to this theory. state can’t create rights
on its own .It has recognise rights grown form old
customs .
• Historical theory of rights are depend upon the
historical position of the society .
• In short, they grow form the time tested customs &
traditions of the society .
• This theory originated in eighteenth. Century
conservative political thought .
• Edmund Burke is the main supporter of this
theory .
SOCIAL WELFARE THEORY OF
RIGHTS
• The social welfare theory of rights presumes
that rights are the conditions of social
welfare.
• This theory suggests that the state should
only recognise rights that promote social
welfare.
• No rights can be claimed against social
welfare.
• Social welfare theory has been extended by
writers of utilitarian school.
• Advocates- Roscoe pound, chafee &
bentham can be said to be it’s advocates of
the 18 th century.

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