The inter-relationship of duties and rights within liberal thought.
INTRODUCTION
The inter-relationship of duties and rights within liberal
thought , A duty generally prescribes what we need to do and what we ought not
do. it's a reason for action. Duty specifies the terms that are binding on
individuals and groups in their social practices. it's been suggested that our
conscious practices are often seen as motivated by rightbased, duty-based or
goal-based perspectives
Rights discourse has been one among the foremost prominent
features of up to date political philosophy and political agendas. It argues
that persons, mainly as individuals, are the bearers of a body of claims,
liberties and powers which the remainder of the society has got to acknowledge
and public life should be supported such acknowledgement and support. Such an
exaltation of rights has led to a deep unease regarding duties and obligations
that are involved the upkeep and reproduction of a just and sane social order
or for fostering and promoting a perfect society. The criticisms regarding
privileging of rights within the constitution of an honest society has
delivered to the fore the role of duties, denoting a shift in perspective,
which, while seeing duties as complementary to rights, also construes duties as
marking an area of their own.
Inter-Relationship Duties
and Rights within Liberal Thought
i) Interest Theory
This theory was initially stated by Bentham who saw rights
not as natural or moral, but as products of law. He argued that the law by
creating duties stipulates rights. He said, “It makes me susceptible to
punishment just in case of my doing any of these acts which might have the
consequences of disturbing you within the exercise of that right (Hart, 1978).”
there's no right if there's no corresponding duty sanctioned by law. This
understanding of the relation is usually called as ‘sanction theory’. It makes
possession of a right as another’s duty and it becomes a duty as long as it's
responsible for punishment. this manner of constructing duties needn't preclude
social sanctions of a sort . Individuals as members of non-state organisations
could also be subject to rules and to the imposition of sanctions, if they
break those rules. Being subject to sanctions means having duties and people
who enjoy those duties are often said to possess rights.
ii) Choice Theory
The choice or will theory counter poses itself against the
interest theory stipulating the relation between rights and duties. The
inter-relationship of duties and rights within liberal , one among the
important proponents of this theory is H.L.A. Hart. He suggested that a right
may be a sort of choice. The essential feature of a right is that the person to
whom the duty is owed is in a position to regulate the performance of that
duty.
iii) Autonomy
Autonomy is that the capacity for reflection and to formulate
and revise our preferences, desires, values and concepts . The philosopher Kant
advanced a theoretical formulation of this notion and suggests a selected
conception of duty in reference to this capacity. He suggested that the
behaviour of the non-human world is governed naturally . Non-human beings
didn't will to act, but acted subject to natural forces and instinct. To the
extent citizenry acted on the idea of their appetites and emotions, they too
acted heteronomously, The inter-relationship of duties and rights within
liberal , i.e. consistent with laws and dictates given externally and not by
themselves. The characteristic mark of citizenry is their reason, which enabled
them to deliberate the way they ought to act and can to act accordingly. The
inter-relationship of duties and rights within liberal , In following this
reason, they acted autonomously; they acted in accordance with their duty. The
morality prescribed by reason was a matter of ‘practical necessity’. Moral
agents understood this necessity and acted accordingly. Through his capacity
for autonomy, a private acted consistent with a law that he had prescribed for himself
instead of on external dictates.
iv) Justice
John Rawls proposes a group of principles to tell a just
society which, he argues, all reasonable people will concur. These principles
establish a good and equal basis for collective life expressed in terms of
rights. These principles of justice cause two kinds of principles: Principles
for institutions which apply to the essential structure of society, and
principles for people which set the duties and obligations of persons with
reference to institutions and each other the inter-relationship of duties and
rights within liberal.
Citizens are duty-bound to support just institutions as they themselves concur to
them. For Rawls, persons are sure to abide by social practices upholding a just
society on the idea of natural duty or obligation. He, therefore, makes the
excellence between duty and obligations. Persons could also be bound by natural
duty or obligation. Natural duties are those moral claims that apply to persons
regardless of their consent like to assist others in distress, to not be cruel
etc. Such duties aren't tied to particular institutions or social arrangements,
but are owed to persons as persons.
The liberal tradition on the relation between rights and duties remains profoundly complex. an
excellent a part of this complexity has got to do with the type of values
prioritised under different tradition of liberalism. Those perspectives which
give priority to rights tend to form duties supportive to rights. Those
traditions which enforce certain perfectionist values that a society should
promote tend to be more emphatic on duties.
0 comments:
Note: Only a member of this blog may post a comment.