The inter-relationship of duties and rights within liberal thought
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. 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 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.
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
nonhuman 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 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.
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