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B.A 1st Sem Political Science Minor Unit 6 Rights
B.A 1st Semester Political Science Unit 6 Rights Solution English Medium | Guide for B.A First Semester Political Science Minor Unit 6 Also Same NCERT Solutions for B.A 1st Sem Political Science In this post we will explain to you what to try If you are a Student of English Medium then it will be very helpfull for you. NCERT/SCERT, B.A 1st Sem Political Science Chapter 6.
Unit 6 Rights
CONCEPT IN POLITICAL THEORY – II
VERY SHORT TYPE QUESTIONS & ANSWERS:
1. What do you mean by rights in political science?
Ans: Rights are legal, social, or ethical principles of freedom of entitlement, Rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.
2. What are the three types of rights?
Ans: There are three types of human rights like civil-political, socio. economic, and collective-developmental.
3. What are right of a citizen?
Ans: The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the US Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination.
4. What is the difference between civil rights and political rights?
Ans: In simplest terms, the difference between a human and civil right is why you have them. Human rights arise simply by being a human being Civil rights, on the other hand, arise only by virtue of a legal grant of that right, such as the rights imparted on American citizens by the U.S. Constitution.
5. What are examples of civil rights?
Ans: Examples of civil rights include the right to vote, the right to a fair trial, the right to government services, the right to a public education, and the right to use public facilities.
6. Are civil rights the same as human rights?
Ans: In simplest terms, the difference between a human and civil right is why you have them. Human rights arise simply by being a human being. Civil rights, on the other hand, arise only by virtue of a legal grant of that richt, such as the rights imparted on American citizens by the U.S.Constitution.
7. What are examples of civil rights violations?
Ans: Civil rights include the ensuring of peoples’ physical and mental integrity, life, and safety, protection from discrimination on grounds such as race, gender, sexual orientation, national origin, color, age, political affiliation, ethnicity, religion, and disability:
8. What are legal rights?
Ans: Legal rights refers to rights according to law. It exists under the rules of some particular legal system. Following is a case law defining the term legal right.
9. What is the theory of rights?
Ans: Rights are legal, social, or ethical principles of freedom or entitlement, that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory.
10. What is a constitutional right definition?
Ans: A liberty or right whose protection from governmental interference is guaranteed by a constitution.
11. What are rights in government?
Ans: Rights are legal, social, or ethical principles of freedom or entitlement.
12. What are rights and responsibilities?
Ans: A right is a freedom that is protected, such as the right to free speech and religion. A responsibility is a duty or something you should do, such as recycling or doing your homework. Voting is both a right and a responsibility.
13. What are the most important constitutional rights?
Ans: Here are just some of the important, often-discussed provision and where you can find them in the Constitution: freedom of speed press, and religion: First Amendment, right to bear arms: Second Amendment, right to be free from unreasonable searches and seizure Fourth Amendment.
14. What rights does the Constitution protect?
Ans: The Bill of Rights of the US Constitution protects basic freedom of United States citizens. The Bill of Rights protects freedom of speech freedom of religion, the right to keep and bear arms, the freedom of assembly and the freedom to petition.
SHORT TYPE QUESTIONS & ANSWERS:
1. What was the historical theory of rights? Mention it importance.
Ans: The historical theory of Rights emphasises that rights are the product of history. They have their origin in customs which one possessed practical social utility and passed on from one generation to another, ultimately having been recognised as inherent claims or rights.
Importance: It is true that most of the rights of the people are a result of the long established customs.
2. Define ‘Natural Rights’, ‘Right of Property’ and ‘Right to Freedom’.
Ans: The ‘Natural Rights are those rights which have been given the individuals by nature or God. In fact, these rights are basic natural and essential for the human beings, without which they cannot live and cannot progress. The right to life, right to liberty and the right to property in the state of nature are the natural rights.
‘Right to property’ is another right of a citizen. Property provides citizens with incentives to work to achieve their desired goals. It provides conditions of comfort to living in which men are able to perform their assigned tasks.
Property may be immovable like house and farms and movable like cash, Jewellery and furniture.
Right to freedom’ is an another important right to a citizen. This right means freedom of speech, thought, expression, process of assembly or association with out arms. Right to freedom has certain restrictions. It is exercised within the frame work of public order, morality, decency and unity of the country.
3. Mention any two kinds of rights.
Ans: The two kinds of rights are mentioned below:
(a) Political Rights: In the modern times, in most of the countries of the world the democratic form of government is functioning. In the democratic government the citizens get many political rights. The political right to contest elections, the right to hold public offices, the right to form political parties and right to equality before law. The political right are of great importance.
(b) Economic Rights: The modern state give many economic rights to its citizens. Some of the economic rights are the right to work the right to adequate wages, the right to property, etc. For the development and progress of the people economic right have much importance.
4. Explain any two socio economic rights.
Ans: The two socio-economic rights demanded by the people are:
(a) Right to adopt the profession of one’s liking: In the modern welfare state every citizen gets the fundamental right that he can adopt profession of his liking. Neither government nor any individual can compel any person to adopt any profession.
(b) Right to work: In the modern world no person can live without doing some work by which he earn his livelihood. It is duty of every state provide work to all its citizens. Since every responsible state shoulders the responsibility of making is citizens morally and materially fit for the struggle of life. It has to see that they have work enough to give them a decent living.
5. Define Right to life. Describe any two political rights of citizens.
Ans: The two political rights of citizens are as follows:
(i) Right to vote: Right to vote is the most important political right It is through the exercise of this right that citizens in democracy take in the government formation of the country. Criminals, bankrupts, lunatic and aliens are not given the right to vote. In most of the country. Criminals bankrupts, lunatics and aliens are not given the right to vote. In most of the modern state, every adult person man or woman is given the right to vote.
(ii) Right to contest Electrons: Every voter is normally given the right to be elected to the local bounds and state or central legislature certain states sometimes impose certain resonations for being elected to the legislative bodies. This right is given equally to all the citizen of the state.
6. Define rights? Distinguish between a right and claims.
Ans: Definition of right:
(i) ‘Rights are those conditions of social life with out which no man can reek to be himself at his best.’ H.J. Lasi.
(ii) A right is a claim recognized by the society and enforced by the state. Bosanquet.
(iii) “Right means one’s capacity of taking work from some other person and prohibiting them from doing same work.”
Difference between Right and claim:
| Claim | Right |
| (i) It is a demand backed by personal coercive of the individual. | (i) It claim backed by disinterested desired. |
| (ii) Being an unreasonable demand it may not be accepted by the society. | (ii) It received recognition. |
| (iii) It aims at only personal welfare. | (iii) It involves the good of all. |
7. Mention the Concept of Rights which has been used broadly in Political Theory.
Ans: The Political theory, the concept of right has been broadly used in there different ways.
These are as follows:
(a) To describe a type of institutional arrangement in which interests are guaranteed legal protection, choices are guaranteed legal effect, or goods and opportunities are provided to individuals on a guaranteed basis.
(b) To express the justified demand that such institutional arrangements should be set up, maintained and respected.
(c) To characterise a particular sort of justification for this demand, namely a fundamental moral principle that accords importance to certain basic individual values such as equality, autonomy or moral agency.
The first use is understood as legal right, while the other two as moral or natural right.
LONG TYPE QUESTIONS & ANSWERS:
1. Give an account of classification of rights.
Ans: Rights are classified into two types:
(a) Moral Right: Rights which we have due to one moral sense are known as moral rights e.g. our parents have a right to be helped by their children when they are old. Moral rights cannot be demanded or it cannot be forced. If moral rights are violated no legal action can be taken.
(b) Legal Rights: A legal right is her right recognised by the states. Legal right are the product of law. Legal right, are always enforceable.
The legal Rights can be divided further in to three rights:
(i) Civil Rights: Civil Rights are given only to the citizens of the country like right to life and educational right
(ii) Political Rights: Political rights are given only to the citizens of the country like right to vote, rights to contest any election like legislative, local bodies, rights to petition come under this rights
(iii) Economic Rights:
-Right to work.
-Right to rest.
-Right to an adequate standard of living including foodm clothing and housing.
-Right for buy own property in any part of the country.
-Right to take jobs any where in the country etc.
-Right to physical and mental health.
-Right to social security.
-Right to social security.
-Right to education.
2. Write a note on natural rights theory.
Ans: The theory of natural rights originates in the seventeenth century. and remains the dominant theory in the eighteenth century rejects the
Jea of natural hierarchy and the notion of absolute. It found its ramifications in the writings of Locke who rejects the idea of divine right of kings and natural arrangement of political authority, and instead advances the notion of human equality. Locke’s theory rests on a firm and explicit moral relationship between the individual and god.
From the laws of nature, individuals derive and enjoy the natural rights to life, liberty and property. Everyone has an equal right to one’s natural freedom. Locke, unlike Hobbes, regards natural rights as derived from natural law. Besides rights, an individual has duties derived from the laws of nature. The most important being the right to hold others responsible for the breach of law and to punish offenders.
In Locke’s theory, natural rights have three political implications.
Those are: (i) since human beings derive and enjoy equal rights under the law of nature. None are under the political authority of another without his consent.
(ii) The maintenance and protection of these rights is the primary function of the government.
(iii) Rights set and define the limits of the government authority.
Locke also shows that parental authority like political authority has its limits. Accepting the Christian dictum that children have to obey their parents, Locke argues that this obedience is temporary, till the child becomes morally responsible. The rights of parents are natural not because they have given birth to their children as the patriarchists contended but because it is their right to take care of them and educate them till they become independent; a right that could be revoked in case parents neglect their duties.
The natural rights theory provides a powerful case for the existence of rights. First, it simply assumes that human beings are born with these rights which are as intrinsic as the colour of one’s skin or our innate, inalienable and inviolable features. McCloskey (1976: 127-128) attempts to identify the human features- rational, autonomous, emotional, imaginative and creative to support the contention that human rights are self-evident.
The assertion that rights are inalienable is done so as to protect the characteristic of human rationality. It acknowledges that a person is th best judge of his own interests, important at a time when an idea individuality, autonomy, personal choice and equality has to gain prominens to dilute and eliminate the hierarchical feudal mindset. It is for this reason that rights are described as indefensible in order to restrain the individua from harming others. Second, natural rights are absolute and now. negotiable. Third, natural rights are pre-social and are not an outcome of any social organisation, historical growth or political authority. The revere is true since political society is created to recognise, protect and enforce them.
3. What do you understand autonomy and rights. Discuss briefly.
Ans: Some have tried to derive rights from the idea of autonomy associated with the moral philosophy of Kant. Accordingly, rights are viewed as necessary preconditions for moral thinking and are not the fundamental principles of our moral system. Though autonomy and respect for human agency are freedom-related values, they regard moral autonomy in a more positive light, as something to be nurtured and attained rather than being taken for granted in human life. Theories like that of Rawls and Dworkin claim to revive Kantian liberalism and reject utilitarianism in its description of a just society.
They advocate a moral theory that stresses the equal worth and moral autonomy of all human beings and then use this theory to justify a political society that recognizes rights of autonomy and equality. This is called rights-based liberalism, for it invokes the moral idea of rights in order to define and legitimatise political authority and power. It uses rights as a theoretical medium for expressing and requiring respect for each individual’s freedom and equality. Many of these theories also link liberty with equality as is clearly discernible in Rawls’ theory.
Dworkin recommends that if utilitarian calculations accommodate the principle of equal concern then it has to leave out what he calls ‘external preferences’, i.e., preferences that some people have about the treatment that others should receive. He described rights as ‘moral trumps’. This conception of liberalism explicitly incorporates moral ideas in its foundations and welcomes the idea that the liberal state has a certain kind of moral role to play in the community. So far as it must respect and promote individual rights while simultaneously remaining committed to toleration.
4. What do you understand term “Rights”? Mention its Features.
Ans: Features/Nature of Rights:
(a) Rights exist only in society. These are the products of social living.
(b) Rights are claims of the individuals for their development in society.
(c) Rights are recognized by the society as common claims of all the people.
(d) Rights are rational and moral claims that the people make on their society.
(e) Since rights are here only in society, these cannot be exercised against the society.
(f) Rights are to be exercised by the people for their development which really means their development in society by the promotion of social good. Rights can never be exercised against social good.
(g) Rights are equally available to all the people.
(h) The contents of rights keep on changing with the passage of time.
(i) Rights are not absolute. These always bear limitations deemed essential for maintaining public health, security, order and morality.
(j) Rights are inseparably related with duties. There is a close relationship between them “No Duties No Rights. No Rights No Duties.” “If I have rights it is my duty to respect the rights of others in society”.
(k) Rights need enforcement and only then these can be really used by the people. These are protected and enforced by the laws of the state. It is the duty of a state to protect the rights of the people.
5. Write a brief note on nature of Rights.
Ans: It is rather easy to identify as to what lies at the roots of rights on the basis of what has been hitherto discussed. The nature of rights is hidden in the very meaning of rights. Rights are not only claims, they are in the nature of claims. Rights are claims but all claims are not rights. Rights are those claims which are recognised as such by the society. Without such recognition, rights are empty claims. Society is organised in character and an individual obviously cannot have any right apart from what the society concedes.
Rights are social. They are social in the sense that they emanate from society at any given point of time, they are social because they are never and in fact can never be, anti-social, they are social because they had not existed before the emergence of society and they are social because they can not be exercised against the common good perceived by the society. Rights, as social claims, create conditions necessary for the development of human personality. These conditions are created, they are made and they are provided. The state, distinct from society, creates and provides and makes these conditions.
The state, by creating conditions, makes rights possible. It, therefore, lays down a ground where rights can be enjoyed. It is not the originator of rights, but is only the protector and defender of rights. It is not within the jurisdiction of the state to ‘take’ away the rights of the individual. If the state fails to maintain rights in the sense of conditions necessary for individuals development it forfeits its claim to their allegiance.
Rights are responses to the society where they exist. The contents of rights are Very largely dependent upon the custom and ethos of society at a particular time and place. As the society and its conditions change, so change the contents of rights. It is in this sense, that we say that rights are dynamic. No list of rights which are universally applicable for all times to come can ever be formulated.
Rights are responses to what we do. They are in the nature of ‘returns’ or ‘rewards’. They are given to us after we have given something to the society, to others. It is after, owing, that we ‘own’. Rights are not only the returns of our duties, but also they correspond to what we perform. Rights are the rewards given to us by others in response to the performance of our duties towards others.
Rights are not absolute in character. The welfare of the individuals as members of society lies in a compromise between their rights as individuals and the interest of the society to which they belong. A list of rights must acknowledge the fact that there cannot be such a thing as absolute as uncontrolled, for that would lead to anarchy and chaos in society.
6. What are the economic rights. Explain
Ans: Right to Work: Right to work is essential for the good living and the fulfillment of the various needs of the person. Every modern state tries to give the right to work to its people.
Right to Adequate Wages: A person has the right not only to work but also the right to be paid adequate wages for his labour. For this purpose. state fixes minimum wages according to the quality and quantity of work. Wage is always regarded as a reward for the work done.
Right to Property: Right to property is as natural to man as family. It means the right to retain the surplus wealth or money and purchase immovable or movable properly. Property contributes towards the growth of culture and civilization. Right to properly is a natural corollary of right to adequate wages.
Right to Rest and Leisure: After working for some hours and days man needs rest because he is not a machine which can work continuously. Therefore, the state gives the right to rest and leisure which enables the workers to protect their health. For this purpose state fixes working hours, makes provisions for a break or interval between the working hours, establishes rest houses etc.
Right to Economic and Social Security: In a modern welfare state, citizens are also given the right to economic and social security. State provides security in case of old age, sickness, unemployment etc. Most of the states give old age pensions. unemployment allowances, benefits of provident fund, financial helps during illnesses or accidents or natural calamities.
Right to fixed hours of Work: The modem state also fixes the hours of work per day. No one can be forced to work for more than fixed hours.
7. What is civic rights? Mention any four civic rights.
Ans: These are the rights which are necessary for an individual to lead a happy, contented and progressive life in society.
Some of the civic rights are given below:
(a) Right to Life: Right to Life is a basic civic right. It implies the protection of the life of a citizen against an assault by other citizens and against an external aggression. The right to life carries with it the right to use force in self-defence. One may even kill another person in self-defence provided the force used is necessary and reasonable. Certain philosophers even challenge the validity of capital punishment on the basis of this right.
(b) Right to Liberty: This implies that every citizen has complete freedom of action within the limits of law. One should not be arrested imprisoned, detained or deported without proper cause and a fair and open trial in a court of law.
(c) Right to Family: It means that a person has a right to marry, to beget children and to be protected in the enjoyment of his family life.
(d) Freedom of Conscience: Citizens in a modern secular state enjoy the right to profess, practice and propagate any religion. The state takes the responsibility to regulate the relations between man and man and not those between man and God. The recognition of this right by a state pre. supposes complete religious toleration.
(e) Freedom of Speech: This is one of the most valued rights in a democratic state. A citizen should have freedom to express his views in any way he likes. He may openly criticize the ruling authority.
In the absence of this right, democracy loses its spirit and essence According to Prof. Laski, “men who are prevented to think as their experience teaches them will soon cease to think at all. “Men who cease to think cease also to be, in any genuine sense, citizens.
(f) Freedom of Association: Formation of Association is instinctive to man. The social instinct impels him from within to lead a gregarious life. It is, therefore, in the best interests of human beings that they should be allowed to form associations, groups or organizations for the pursuit of common purposes.
(g) Freedom of Press: Freedom of speech and press aims at one and the same thing. This right implies that a citizen should have the liberty to publish his opinion in a book, journal, pamphlet or newspaper. The press has been called the watchdog of democracy. It criticizes the ruling authority and keeps alive to its flaws and failings.
Although the rights to speech, association and press are the core of civil liberties yet they have not been guaranteed by any state in absolute terms. They have been restricted in various respects. These tights are generally denied to those who try to overthrow the existing social order by preaching violence and breach of law.
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