Rights

Introduction: rights are the those conditions of social life, without which no man can seek in general to be at his best

other statements; John Locke: Being all equal and independent, no one ought to harm other in life, health, liberty or possessions- Two treatises of civil govt

2. Nozick: individuals have rights and that there are no things, persons or groups may do to them.

 Though bentham tried to appear more exact, yet in practice his theory is also vague- Thomas Hodgskin

Burke- Natural rights are metaphysical abstractions because real rights emerge from customs and traditions

In contemporary times, the different theory of rights have been incorporated in grand theory of rights known as social welfare theory given by laski

modern concept divine rights of king (medieval)->natural rights of man anti-state, limits power of state, society liberal concept- civil and political rights for marxist- man's interest not against society, hence focus on duty give economic and social rights	Hohfeld claims/entitlement, hence duty of other liberty power against state immunity against society and state
Dworkin- book: Taking rights seriously right are trump. preference over everything	Nature of rights civil: equality before law, life, property, liberty political: vote, contest elections socio-economic: education, food, work
Types (on basis of source) divine: god natural: nature fundamental rights (nature) legal (state) moral (society)

From Book

earlier rights were claims today, those who can't claim, can never be expected to claim are also included. E.g.- animal rights, environment rights earlier only those recognised by state now human rights, moral rights, etc

Theory of rights
Natural rights: divine origin (based on reason/intuition) oldest theory; american declaration, french declaration based on this self-evident truth- US declaration, fundamental to human existence (right to life, liberty and pursuit of happiness) source- intuition (reason) schools social contract: Locke, Rousseau rights in state of nature, not transferred to state since the time man existed, there are rights teleological: as a consequence, we have rights Thomas Paine: Rights of Man believed in concept of natural rights but not in social contract why to impose contract of previous generation on next teleological: man is different from animal, hence requires rights TH Green human consciousness postulates liberty... rights are not absolute, but conditional and limited rights are not permanent, but historically changing rights are not independent of society, but creation of society rights don't exist in isolation but require reciprocal recognition the objective of right is not individual good but common good Mill Teleological rights for progress of men	Criticism of natural rights Bentham: rights are legal only (Hobbessian) in state of nature, no rights but power only state provide rights, not nature legal rights: UK human rights: US, France before WW2, legal rights, after WW2, human rights natural rights are non-sense, non-sense upon stilts natural rights are chimera natural rights are anarchincal falacies rights are properly called creatures of law Edmund Burke: rights are sanctions from society conservative theory of rights rights come from customs and society man can't enjoy rights if no sanction from society natural rights are metaphysical abstractions (based on theology) natural rights doesn't bring consciousness of duty towards society Maccintyre: (communitarian) Man is situated self, not atomistic belief in natural rights is like believing in witches and unicorns
Laski's theory social-democratic perspective social-democratic rights, important for human dignity	Statements of Laski rights are the those conditions of social life, without which no man can seek in general to be at his best every state is known by the rights it maintains. The performance of the state is judged on the basis of the contribution it makes to the substance of human happiness the social order not based on the claims of individuals is based on sand rights are claims but the claims which are not empty of duties state should control the industry, otherwise industry will control the state

Human Rights
Origin	International Bills on Rights	Kant, Locke (natural rights)= UDHR based on them
after WW2 before WW2, monistic sovereignty, so no intervention but if state violates, international community should come to protect (diluted sovereignty)	Universal Declaration of Human rights 1948 international covenants on civil and political rights 1966 international covenant on social and economic rights 1966	dignity self-evident truth- Locke man different from animal, hence treat different- Kant universalist phenomena (independent of form of system) available to all
Features	Issues	Reasons for opposition
Equality women=men (controversial in non-western countries) Hillary Clinton: human rights are woman rights. favours feminist foreign policy universalist- opposition by  Asian value concept non-western countries suggest cultural-relativists approach all should have few common rights (no consensus what all will qualify) opposition to human rights in name of cultural relativism is thought as justification to soft authoritarianism individuality- opposition: communitarian (abstract individualism) marxist: bourgeoise inalienable permanence- opposition: when life starts	human or terrorist rights? what all guardian of Human rights? who? (state?) universalism when life begins	promotion of western values attempt of cultural imperialism
Opposition for universalism
Value pluralists (toleration)	Cultural relativists	Multi-culturalists
latin- tolerare; to bear Isaiah Berlin, negative liberty (positive liberty is totalitarian idea) toleration is core value of liberalism, not liberty 'substantive heart of liberalism' values are inherently pluralistic. E.g.- different meanings of liberalism values are incommensurables can't be measured/quantified critical of Rawls: lexical order nun=married woman (value their life) the world that we encounter in ordinary experience is the world in which we face choices between ends equally ultimate, claims equally absolute, the realisation of some of which must inevitable involve sacrifice of other  (hard choice) value pluralists differ from value monism and value relativism= indifference Voltaire i strongly detest to what you say, yet I will defend your right to say till death on toleration differences value pluralism= belief in one value, yet exercising toleration value monism= supremacy of particular value value relativism= indifference wrt different values benefit of value pluralism for human rights help through dialogue introducing democracy at gunpoint has no meaning	all cultures are equal, no hierarchy Franz Boas: related to communitarianism (idea of situated self) developed as reaction against UDHR by leaders of non-western world relativism promoted against universalism of western values	theme: protecting rights of minorities (non-dominant section), giving them voice and promoting their culture due to globalisation, identity consciousness is increasing  which may lead to 'clash of civilisations' it might also lead to cosmopolitan world order if pluralism, toleration exist since universal citizenship not possible, multicultural citizenship is proposed incorporated by indian constitution special rights of minorities as fundamental rights based on idea to reduce disadvantages of minority Will Kymlicka liberal multiculruralist book- Multiculrual citizenship: a liberal theory of minority rights (1995) give special rights to minorities multi-cultural citizenship poly-ethnic rights special representation rights self-governance rights not for immigrants (came by choice) /refugees(help in deporting them) Bhiku Parekh; book- Rethinking multicultruralism post colonial perspective give rights to non-national minorities also (culture/religion matters) harm principle to be adopted while giving rights in name of nationalism, majoritarianism customs are imposed on minorities protecting rights of minorities global community should go for conversation/dialogue
Criticism of multiculturalism/cultural relativism feminist: Susan Moler Okin- book: gender, justice and society bad for women- most culture are discriminatory towards women liberal: amarty sen- Ghettoisation Brian Barry- too much focus on cultural issues takes away from developmental issues cosmopolitan scholars: jeremy woldron , seyla benhabib - prevents cosmopolitan culture	Responsibility to protect after end of cold war reinterpretation of sovereignty ethnic conflicts (intra-state); art 2(7) fo UN charter prohibits intervention  commission led by Govt of Canada sovereignty= responsibility of state to protect international community can protect when states fail (based on guidelines force as last option use of force should be proportionate controversial (libya, syria)- used for regime change NATO's action led to more destruction which is condemned by Russia and China R2P resolution adopted by UN and India signatory to it	Brazil's responsibility While Protection (against P5 deadlock in Syria to make responsible for violation