RIGHTS....

 RIGHTS...

It is a modern concept

In medieval times there was a theory of divine rights of king ,It was replaced by  theory of natural rights of Man.

In its origin right is a anti-statist concept (anti state)

Thus rights  limits the power of state, it also limits the powers of society.

Rights are essentially the concept of liberal discourse .

Marxists consider right as a bourgeoisie concept .it is based on  the false consciousness that the interest of man are in conflict of interests of society.Hence in socialist countries there is not much emphasis on rights .they give emphasis on duties.

In liberal countries people enjoy civil and political rights .In socialist countries they are denied civil and political rights and are given social and economic rights.

Hohfeld has given 4 interpretations to concept of rights.

-Right is a claim or entitlement-It means it is a claim of a person and it enforces duty on others.

-Right as a liberty-It means right should give freedom to pursue what one wants to do.

-Right as a power-It is the recognition of the power of man which limits the authority of state.

-Right as a immunity-It means right is a type of protection which man enjoys against society and state.

*DWORKIN- BOOK-"Taking rights seriously "

According to him rights are trumps .It means rights of individual should be given preference over any other consideration,, the consideration of community or state.

Types of rights (nature basis)

Civil rights (necessary for civilised or dignified existence like)

R to life 

R to liberty

Equality before law

Right to property

Abolition of untouchability

Etc

Political rights 

R to vote 

Stand In elections

Social and economic rights 

R to work 

R to education

 Types of rights -

Divine rights -god

Natural rights -nature

Fundamental rights -nature (Constitution)

Legal rights (state)

Moral rights (society customs traditions)

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