Liberty

● Focus on the balance between individual liberty and state sovereignty.

● Central problem: Organizing the state to preserve sovereignty without
compromising individual liberty.
● Relation between the state and the individual.
● Two perspectives: State-centric (idealism, socialism, fascism) vs.
Individual-centric (Individualism).

Definition of Liberty
● Derived from Latin word 'liber' meaning free or unrestrained.
● Central in movements for independence, emancipation, and
democratic struggles.
● Montesquieu: Liberty has varied significations and impressions.
● Absolute sense: The faculty of willing and doing what has been willed
without external influence; absence of restraint.
● Problem with absolute liberty: Leads to conflict in a society where
actions affect others.

Negative Liberty
● Liberty as a balance between individual self-expression and social
control.
● Herbert Spencer’s definition: Freedom to do anything provided it
doesn't infringe on others' freedom.
● Negative Liberty
○ Defined as the removal of formal restraints.
○ Views the state as a passive actor, emphasizing freedom from
interference by others.
○ Restriction-based approach, emphasizing duties and
limitations to ensure mutual non-interference.

Positive Liberty
● Liberty is not just absence of restraint but also presence of
opportunities.
● Laski's view: Maintenance of an atmosphere for personal best.
● Positive Liberty: Rights-based approach, focusing on providing
opportunities for personal development and life planning
● Focuses on the empowerment of individuals.
● Sees the state as an active actor in creating conditions for
individual self-realization.
● Edmund Fawcett’s book: "Liberalism – the life of an idea."
 Negative Liberty: Often seen as absence of state regulation (rich man's view).

Positive Liberty: Seen as provision of opportunities for a good life (poor

man's view).

Liberty as a dual concept: Absence of restraint and presence of opportunity.

Kinds of liberty
1. Natural Liberty
● Natural liberty is a vague term that can be interpreted in several ways.
● It suggests an absolute and unlimited power to do whatever one likes,
which in reality translates to a license for potential harm.
● Impracticality in Society and State: Such liberty is unfeasible within the
constructs of a society and state, as it can lead to anarchy and hinder
social security and progress.
● Historical Context:
○ Rousseau's View: He described natural liberty as the freedom
enjoyed in the 'state of nature' before the establishment of
states.
○ Link to Law of Nature and Natural Rights: Historically, natural
liberty was closely associated with these concepts.
○ Right and Might: In the state of nature, right equated to might,
and liberty was more about power.
2. Civil Liberty
● Opposition to Natural Liberty: Civil liberty is defined in contrast to
natural liberty, being the liberty within society, upheld by the state.
● Definition and Characteristics:
○ Sum of Legal Rights: It comprises rights and privileges
protected by state authority.
○ Equal Guarantee to Individuals: These rights are equally
guaranteed to all individuals by the state.
 ○ Limitations: Unlike natural liberty, civil liberty is not absolute,
being limited by the rights of others.
○ Negative and Positive Aspects: It includes freedom from
government interference (negative) and specific rights protected
by the government (positive).
● Forms of Civil Liberty:
○ Individual and Constitutional Liberty: Protected by private and
public law respectively.
■ It evolved as the state and its laws became more
organized and effective.
■ It allows individuals to express and act upon their
thoughts, provided they do not infringe on others' rights.
● Notable Views:
○ J.S. Mill: Emphasized the balance between individual liberty and
the liberty of others.
○ Bertrand Russell: Valued personal liberty as a paramount
political good.
○ Rousseau: Viewed renouncing liberty as renouncing one's
humanity.
● Components of Individual Liberty:
○ Rights essential for personal development, guaranteed by law.
○ Protection against infringement by others and arbitrary
government interference.
○ Fundamental rights: Examples include the right to life, property,
free speech, association, belief, and worship.
3. Constitutional Liberty
● Interrelation with Civil Liberty: Constitutional liberty is a facet of civil
liberty, emphasising the individual's rights against government
intrusion.
● Accountability of Government: Highlighted by Laski, the real liberty of
individuals hinges on the government being held accountable for
infringing rights.
● Key Features
○ Rights Against Government: It primarily entails rights
safeguarded from governmental interference, a notion which
has evolved over time.
○ Distinction between State and Government: Historically, rights
were claimed against the state; however, it's more accurate to
claim rights against the government, the administrative arm of
the state.
○ Constitutional Guarantees:
■ Defined and guaranteed by the state's constitution or
fundamental laws.
■ Constitutions regulate government conduct, set limits on
its actions against individuals, and grant specific
privileges and immunities.
● Methods of Safeguarding
 ○ Written Constitution: As seen in countries like Pakistan, India,
and the USA, where the constitution delineates government
powers and functions.
○ Rule of Law: Emphasizes the supremacy of law and equality
before it, irrespective of one’s position in society or government.
Practiced in England, India, Pakistan, and other regions.
○ Bill of Rights or Fundamental Rights Declaration: Ensures rights
that the government cannot infringe upon.
○ Judicial Independence: Separation and independence of the
judiciary from the executive branch.
● Relation to Authority and Sovereignty
○ Balancing Authority and Liberty: Political life involves a
constant negotiation between the government's authority and
the people's liberty.
○ Misconception of Opposition: While liberty is often perceived as
opposing law and state authority, in reality, law is essential for
liberty, and authority safeguards it.
○ Coercive Power of the State: The state's coercive power is
necessary to prevent interferences with individual liberty.
○ Correlation of Sovereignty and Liberty: These concepts, though
seemingly contradictory, are interdependent.
● Ideal State for Liberty
○ Constitutional, Responsible, Democratic State: The best
guarantor of liberty, employing mechanisms like a written
constitution, rule of law, and fundamental rights.
○ Leacock: Liberty’s existence is not only compatible with the
state but is also hard to envision without it
4. Economic Liberty
● Freedom in Earning and Security: Economic liberty encompasses the
freedom to earn a decent income and freedom from the fear of
unemployment or economic loss.
● Absence of Economic Inequalities: As highlighted by Tawny, it means
eliminating economic inequalities that could lead to economic
constraints.
● Laski's Definition: "Security and the opportunity to find reasonable
significance in the earning of one's daily bread."
● Sufficiency for All: True economic liberty exists when everyone has
sufficiency, challenging the concept of superfluity for a few.
● Preconditions and Implications
○ No Class Domination: Requires a society without class
domination.
○ Economic Democracy: Involves rights for all citizens (right to
work, fair working hours, minimum wage, relief during
unemployment, right to form trade unions, leisure) and worker
participation in industrial organizations.
● Interrelation with Other Liberties
 ○ Precondition for Other Liberties: Economic liberty is
fundamental for the realization of other liberties (civil, political,
national).
○ Connection to Individual and National Freedom: An individual
facing economic hardships lacks real freedom, just as a poor
nation lacks true independence.
○ Lenin's Perspective: Political and civil liberty are meaningless
without economic liberty.
5. Moral Liberty
● Definition and Role
○ Freedom According to Conscience: Moral liberty is the freedom
to act in accordance with one's conscience.
○ Essential for Personal Growth: It is crucial for the development
of character and personality.
● Threats to Moral Liberty
○ Control by External Forces: Threatened when thought or belief is
controlled by religion, customs, tradition, political power, or law.
○ Critique of Idealist Philosophy: The idealist philosophy of the
state, which equates the state's will with the individual's will,
undermines moral liberty.
● Importance of Individual Will: True moral liberty respects the
individual's own will, which may differ from the state's will.
● Right to Belief and Opinion: Includes the right to freedom of belief and
opinion.
6. Political Liberty
● Definition and Perspectives
○ Laski's View: "Political liberty means the power to be active in
the affairs of state."
○ It entails the opportunity for each individual to contribute
opinions and experiences to shape government decisions and
laws.
○ Leacock’s Definition: Regards political liberty as the power of
the people to choose and hold their government accountable.
○ Gettell and Democracy: Equates political liberty in modern times
with democracy, where the people determine their governance.
○ Gilchrist on Democracy: Democracy allows every citizen to
express opinions on government affairs.
■ Includes voting rights, eligibility for public office, the right
to criticize the government, and to be informed about
state affairs.
● Interrelation with Other Liberties
○ The struggle for political liberty followed the acquisition of civil
rights.
○ Necessity for Civil Liberties: Political liberty is crucial for the
proper enjoyment and security of civil liberties.
 ○ Exists primarily in democracies and is intertwined with civil
liberty.
○ Political liberty complements civil liberty, rendering it meaningful
and effective.
● Essential Conditions for Preservation
○ Universal Education: Education should be accessible to all,
irrespective of social and economic backgrounds, to avoid
creating a divided society.
○ Free Press: A truthful, unbiased press is necessary for informed
public opinion, which is the foundation of democracy.
7. National Liberty
● Definition and Importance
○ Freedom from Foreign Control: National liberty signifies a
nation's freedom and independence from external dominance.
○ Foundation of Other Liberties: It is the base upon which civil,
economic, and political liberties are built.
○ Examples: The lack of national liberty in historical contexts like
colonial Indo-Pakistan or contemporary Jammu and Kashmir
demonstrates its significance.
● Rights Included
○ Right to self-determination.
○ Right to self-government.
○ Right to be ruled by a national government.

Aspects of Liberty

1. Liberty of Thought
● The freedom to think independently, without coercion or suppression
by the state, law, societal norms, or religious conventions.
● t is the foundation of individual autonomy and intellectual freedom.
2. Liberty of Speech
● Encompasses the freedom to express thoughts, opinions, and ideas
openly. This includes reading, writing, and participating in discussions.
● Central Role: Considered the most crucial aspect, as it fosters the
liberty of thought and action. Free speech enables critical discussion
and debate, leading to the emergence of truth through the clash of
differing opinions.
● Through free speech and the resulting discourse, societies can evolve
and progress as truths and ideas are freely explored and exchanged.
3. Liberty of Action
● The freedom to act or conduct oneself in a chosen manner, without
undue restraint from external forces like the government, societal
norms, or religious edicts.
 ● Dependence on Other Liberties: Often follows from the liberties of
thought and speech, as actions are typically based on one's beliefs and
expressions.
● A society where individuals can freely act on their beliefs and
knowledge is one that values autonomy and self-determination.

Interrelation of Liberties
● Dynamic Interaction: These aspects of liberty are deeply interconnected.
Liberty of thought leads to liberty of speech, which in turn fosters liberty of
action.
● Barrier to One, Barrier to All: Restriction in any one of these aspects can
hamper the others. For instance, suppression of free speech can stifle free
thought and limit freedom of action.
● Evolution of Society: The collective exercise of these liberties contributes to
the growth and progress of society, as it enables the open exchange of ideas
and fosters innovation and change.

Advantages of Liberty
1. Development of Personality and Art of Living
a. Personal Growth: Liberty, particularly in speech and action, is crucial
for the development of personality. Rousseau and Laski emphasize
that renouncing liberty is akin to renouncing one's humanity and the
right to fully express one's personality.
b. Freedom in Life Choices: Liberty allows individuals the capacity to
change their lives and environments, enabling them to make daily
improvements and exercise creativity in the art of living.
2. Assurance of Good Government
a. Responsiveness to People's Will: Civil liberties, like freedom of speech,
press, and assembly, ensure that the government remains responsive
to the desires and needs of its citizens.
b. Check on Government Actions: Freedom of discussion and criticism
acts as a restraint on government, particularly the executive branch,
preventing hasty or oppressive actions.
c. Reflection of Public Opinion in Law: When legislative actions are
influenced by public opinion, law becomes a true reflection of the
people's will.
d. Liberty as the Basis of the State: The state depends on free individuals;
liberty does not depend on the state.
3. Catalyst for Human Progress
a. Source of Innovation: All advancements in arts, science, culture, and
industry originate from the individual mind. Freedom of thought and
action is essential for these innovations.
 b. Progress from Unorthodoxy: Today's heresy can become tomorrow's
orthodoxy. The history of ideas shows that what was once condemned
can later be accepted as a fundamental truth.
c. Need for Constant Renewal: Societies require freedom for the
continuous introduction of new ideas, opinions, and methods to avoid
stagnation and foster cultural and civilizational renewal.
d. Prevention of Revolutions: Free discussion and enquiry can prevent
violent revolutions by allowing intellectual advancement and the
peaceful evolution of ideas.
e. Fostering Intellectual Environment: A society with free discussion and
speech cultivates a culture of evidence-based thinking and cautious
action, contrasting with more fanatic or authoritarian societies.
f. Evidence from History: The collapse of communist authoritarian
systems in the late 20th century exemplifies the importance of
freedom for societal progress and innovation.

Safeguards of Liberty

1. Law
● Role: Defines and protects the rights and freedoms of citizens.

● Impact: Montesquieu noted that the nature and proportion of

punishments in law significantly affect the establishment or

destruction of liberty.

2. Independence of Judiciary
● Function: Protects liberty and rights of citizens against other citizens

and the government.

● Condition for Effectiveness: Independence from executive or

legislative influence, assured through secure tenure, promotions, and

salaries.

3. Democracy
● Advantage: Ensures greater liberty as the rulers, being nominees of the

people, are less likely to infringe on liberties.

 ● Potential Risk: Tyranny of the majority, where the dominant group in a

democracy may oppress minority rights.

4. Fundamental Rights
● Definition: Basic rights declared inviolable by constitutions.

● Purpose: Serve as a check against legislative majorities that might

otherwise infringe upon citizens' liberties.

5. Local Self-Governing Institutions

● Role in Liberty: Enhance the security of people’s liberty by fostering

self-reliance, initiative, and political knowledge.

■ The effective local self-government system in England that

contributes to safeguarding freedom.

6. Rule of Law
● Principles: Supremacy of law, equality before the law, and uniform

application of laws.

● Ensures: No one is punished or deprived of liberty without a lawful trial,

applicable to all citizens equally, regardless of status.

7. Economic Equality
● Interrelation with Liberty: Liberty is more meaningful in a context of

economic equality, as extreme wealth disparity can undermine true

freedom.

● Liberty would be hollow without some measure of equality and

equality would be meaningless without liberty."

8. Eternal Vigilance
● Critical Role of Public Spirit: The ultimate safeguard of liberty lies in

the spirit and vigilance of the people.

 ● Judge Learned Hand’s Quote"Liberties die in the hearts of men and

women; no constitution, no law, and no court can save it."

● Citizen Responsibility: People must resist encroachments on their

freedoms and maintain an active interest in public affairs to safeguard

liberty.

Mechanisms to Support Liberty

● Equality in a Democratic System:
● Essential for ensuring that all individuals have a voice and stake in
society.
● Constitutional Protection of Fundamental Rights:
● Legal frameworks to safeguard individual liberties and freedoms.
● Separation of Powers:
● Division of government responsibilities to prevent concentration of
power.
● Independence of Judiciary:
● Ensures fair and unbiased interpretation and application of laws.
● Decentralization of Power:
● Distributes authority to lower levels of government to enhance
accountability and responsiveness.
● Federation:
● A political system where power is shared between a central
government and constituent units, supporting diverse interests.
● Rule of Law:
● Principle that all members of society, including the government, are
equally subject to legally codified laws.
● Active Civil Society and NGOs:
● Play a crucial role in advocating for, litigating, and protesting for the
protection and enhancement of liberties.

Decline of Liberty in the Modern State

● Shift from the struggle for and enjoyment of liberty in the 17th-19th centuries
to its decline post-World War I.
● Global trends affecting freedom and liberty, with examples like fascism,
McCarthyism, and restrictions in communist countries.

Growth of Modern Science and Industry

 ● 19th Century: Limited spread of science and industry, associated with
freedom.
● Modern Era: Governments regulate economic and industrial activities
for stability.
● Impact: This regulation restricts individual and group freedom.

Decline in the Social Position and Value of the Individual

● 19th Century Individualism: Emergence from feudal systems, gaining

rights and freedom.
● 20th Century Shift: Domination by new groups - nations, states,
political parties, trade unions.
● Effect: More effective control over individuals, reducing their
social freedom and role.

Growth of Mass Propaganda

● Technological Advancements: Radio, cinema, newspapers, TV,

internet.
● State Use: Powerful tool for governments to control thoughts and
opinions.
● Consequence: Diminished individual thought, making people
cogs in the propaganda machine.

International Conflicts and Tension

● Globalization: The world as a 'global village', yet divided by ideology

and national conflicts.
● Ongoing Crises: Continuous international tensions.
● Result: Suppression of opposition and criticism, stifling
individual liberty.

Growth of Centralisation

● Modern State Evolution: Increased activities and responsibilities lead

to heightened authority.
● Centralization Trend: Concentration of government power.
● Outcome: Increased state authority inversely affects individual
liberty.

Liberty, Law, and State: A Complex Relationship

 Divergent Views
Law Opposed to Liberty (Individualists, Syndicalists, Anarchists):
● Law, as an order of the sovereign state, inherently restricts
individual freedom.
● Minimal state interference and fewer laws are advocated to
maximize individual liberty.
● Anarchists propose the extreme measure of abolishing the
state, believing that true freedom exists only in the absence of
law and state.
Law as a Condition of Liberty (Hegelians, Idealists):
● Law is not seen as restrictive but as a foundational element of
liberty.
● The belief is that law creates liberty; the more the law, the more
the liberty.
● Locke articulates this view by stating that the purpose of law is
to preserve and enlarge freedom.

Balanced Perspective: The Interplay of Law and Liberty

Law as the Protector of Liberty:
● Law establishes the conditions for individuals to enjoy liberty,
defining and protecting rights and duties.
● Without law, society would revert to a state of chaos akin to
Hobbes' state of nature, characterized by the dominance of the
strong over the weak.
Positive Connection of Law with Liberty:
● Law facilitates essential conditions for the enjoyment of liberty,
such as education, sanitation, and good working conditions.
● It provides opportunities for moral and intellectual development,
exemplified by compulsory education laws that enable children
to grow into well-rounded citizens.
Law as a Limit on Government Power:
● Constitutions and supreme laws restrict government
interference, safeguarding citizens' liberties and rights.
● However, not all prohibitions or restraints imposed by law
enhance liberty. Laws that hinder moral or creative development
are seen as counterproductive to liberty.

Equality
● Fundamental Concept: Equality is a crucial concept in political science,
alongside liberty.
● Historical Declarations:
● French Declaration of Rights, 1789: "Men are born, and always continue
to be free and equal in respect of their rights."
● American Declaration of Independence: "All men are created equal."
● Equality implies (BEING EQUAL )equal treatment, income, wealth,
opportunities, and rights.
○ Absolute equality doesn't exist due to inherent differences in mental
and physical abilities.

Kinds of Equality

1) Political Equality
● Definition: Equal political rights and voice in government, equal
access to authority for all citizens, provided they meet the
necessary qualifications.
● Realization: Possible under democratic systems with adult
suffrage.
● Economic Equality Link: True political equality is effective when
accompanied by economic equality.

2) Economic Equality
● Misconception: It's not about everyone having the same wealth
or income.
● Physical Impossibility: Absolute economic equality is not
sustainable due to natural differences in human needs and
abilities.
● Real Meaning:
● Objective: Ensuring opportunities to satisfy basic
economic needs for a decent, frustration-free life.
● Focus: Meeting urgent needs like food, drink, and shelter
for everyone.
● Beyond Basic Needs: Accepting income/wealth
differences after basic needs are met.
● Ethical Aspect: Preventing extreme disparities where a
few are excessively wealthy while many lack necessities.
● State's Role: Ensuring sufficiency of wealth and income for
primary needs.
● Laski's Perspective: Economic equality as a matter of
proportional justice, reducing extreme inequalities for social and
political harmony.

3) Social Equality
● Concept: Equality in social status, no privileges based on race,
color, rank, class, caste, or sex.
● Examples of Inequality: Caste system in Hinduism, racial
discrimination in various regions.
● Economic Link: Social inequality often stems from economic
disparities.
 4) Natural Equality
● Natural Equality Myth: Early belief in inherent equality,
contradicted by the reality of natural human differences in
physical, mental, and moral qualities.
● Historical Role: The notion of natural equality has been
instrumental in challenging man-made inequalities in wealth,
status, and politics.
● Law and Economic Inequality:
● Legal System Disparities: Different experiences in legal
defense and civil rights between the rich and the poor.
● Economic Basis: Realization of civil liberties is heavily
dependent on economic equality or the minimization of
severe economic disparities.

Rights and Duties

Introduction

1. The statement rights and duties are the two facets of the same coin, highlights
the inherent interdependence and reciprocal relationship between rights and
suits within the societal context
2. Conceptually, this statement emphasizes that rights and duties are not
separate or conflicting entities, but rather interconnected and mutually
reinforcing aspects of individual and collective existence
3. In short, duties make it possible for others to exercise rights and vice verse;
one cannot exist without the other’
4. “The right to swing my fist ends where the other man's nose begins.” ―
Oliver Wendell Holmes Jr.
5. Imbalance in Rights and Duties
a. Consequences: Imbalance leads to master-slave relationships, as seen
in feudal and ancient slave societies.
b. Importance of Balance: Ensuring equal distribution of rights and duties
is crucial for a just society
6. Laski: "Rights are those conditions, of the social life without which no man
can seek, in general, to be himself at his best."
7. Holland: "A right is one man's capacity of influencing the acts of others by
means of the opinion and the force of society."
 8. Wilde: "A right is a reasonable claim of freedom in the exercise of certain
activities."
9. Green : "A right is a power claimed and recognised as contributory to
common good."

Concept of Right
● A socially recognized claim, based on human personality and societal
nature.
● Origin: Arises when an individual’s action or claim is accepted by
society.
● Recognition: Other members of society recognize claims that
contribute to the common good.
● Types of Rights:
Moral Rights: Recognized by human conscience.
Social Rights: Recognized by social opinion.
Legal Rights: Recognized by the state.

Essential points – Rights as: (Empowerment and Protection)

● Claim or Power: A person's ability to act, possess, or achieve

something.
● Societal or State Recognition: Accepted by society or the state.
● Existence in Society or State: Rights are inherent in these structures.
● Freedom Enlargement: Enhances individual freedom.
● Socially Protected Freedom: Rights ensure liberty.
● Moral Ends and Common Good: Serve the moral ends of society,
promoting general welfare.
● Corresponding Duties: Every right comes with an obligation.
● Legal Definition and Sanction: Defined and sanctioned by state
authority.
● Natural Origin: Rights arise from human nature, not created by the
state.
● Dynamic Nature: Rights evolve with societal changes and needs.
● Individual Empowerment
● Protection from Oppression
● Social Harmony and Justice
● Access to Basic Needs:
Theories of Rights

1. Theory of Natural rights

● Various thinkers have defined rights as essential conditions for
individual well-being, social harmony, and the moral growth of
individuals and societies.
■ Natural rights in state of nature are inseparable; state cant take
them
● Merits of the Theory:
■ Underscores the necessity of certain rights for the full and free
development of human personality.
● Criticism of Natural Rights Theory:
■ Vagueness: The term 'nature' is ambiguous. Different
philosophers interpret natural rights differently.
■ Dependency on Society and State: Rights are not inherent but
are created and recognized within the societal and state
context.
■ Impracticality of Natural Liberty: Unlimited freedom is
untenable in society as individual freedom is limited by the
rights of others and societal good.

2. Modern Theory of Natural Rights:

● T.H. Green: Views rights as inherent in the moral nature of man and
essential for moral development and self-realisation.
● Laski's Critique:
■ Rights are not historical or static but are demanded by the
character of specific civilizations and times.
■ They are considered natural in the sense that they are necessary
for the ends the state seeks to serve.
■ This includes rights like freedom of speech, employment,
education, and self-government.

3. Legal theory of rights

■ Central Claim: The state creates rights, not merely recognizes
them.
■ Advocated by the Analytical School of Law, this theory holds
that rights are claims upheld by the state's force and authority.
■ Role of the State: The state is seen as the sole creator and
enforcer of rights through its laws, courts, and legal procedures.
■ Implications: In this view, individuals have no inherent rights
against the state. Without the state, there are no rights, only
powers. The state's role is to transform individual power into
rights and prevent tyranny.
● Criticism of Legal Theory (Laski's Perspective):
 ■ The legal theory is heavily critiqued by pluralists, especially
Laski.
■ aski argues that the state doesn't create rights but recognizes
them. Rights exist independent of the state's acknowledgment.
■ He asserts that individuals have rights against the state,
justifiable by the common good, which includes everyone's
welfare.
■ Laski emphasizes that rights stem from our moral sense of right
and wrong and evolve as this sense changes. Law isn't the only
source of rights.
■ Confining rights to state membership, he argues, destroys
individual personality rather than preserving it.
● Balanced Viewpoint:
■ Despite criticisms, the legal theory highlights an essential truth:
Rights without legal recognition and enforcement are weak.
■ A balanced view suggests that rights are first moral, based on
our moral nature and needs, and then become legal when
recognized and enforced by the state.

4. Social Welfare Theory of Rights:

Concept:
● Rights are crucial for social welfare and must be possessed to serve
society.
● They are socially useful as they promote the greatest good for the
most people.
Advocates' Views:
● Bentham, Mill, and Laski supported this view, emphasizing rights
related to societal functions.
● Rights are based on an individual's functions and their contribution to
societal well-being.
Relation to Individual and Society:
● Rights are not independent of society but are inherent within it, related
to functions that contribute to societal well-being.
● Individual rights can't be opposed to public welfare, as public welfare
ultimately benefits the individual.
Critiques and Limitations:
● The theory lacks a clear definition of social welfare.
● It can be biased towards the welfare of dominant classes.
● Under the guise of social welfare, individual rights might be
suppressed, leading to societal unrest and revolt.

Classification of Rights
Moral Rights:
● not enforced by law but based on a sense of morality or justice.
 ● An aged father’s right to be maintained by his son; a wife’s right to be
treated kindly by her husband.
● Quote: “Moral rights are the sources of legal rights.”
Legal Rights:
● Privileges recognized and upheld by state authority and laws.
● Enforced by courts and protected by the state.
● Two types: Civil and Political rights

Civil Rights:

● Fundamental to civilized life and personal development.

● Examples: Right to life, liberty, free movement, property, religion, and
education

Specific Civil Rights:

● Right to Life: Protection of life, safety, and security.

○ Example: Laws against murder, right to self-
defense.
● Right to Liberty and Free Movement: Freedom to travel
and choose a career.
○ Example: Habeas Corpus for unlawful detention.
● Right to Property: Ownership and use of property.
○ Example: Eminent domain laws.
● Freedom of Religion and Conscience: Freedom to
practice any religion.
● Right to Education: Access to education for informed
citizenship.
● Right to Work: Guarantee of employment opportunities.
● Freedom of Speech and Press: Expression without
government interference.
○ Limitations: Libel, slander, and wartime
censorship.
● Freedom of Association: Forming associations for
various purposes.
● Right to Contract: Entering into legal agreements.
● Right to Family Life: Rights related to marriage, divorce,
and inheritance.
● Right to Equality Before the Law: Equal legal protection
for all citizens.

Political Rights:

● Essential for democratic participation.

● Right to Vote:
● Essential in democratic states, allowing citizens to
choose their representatives.
 ● Should be based on universal adult suffrage - "one man,
one vote".
● Issues: Some states restrict voting based on education,
sex, or race, which is undemocratic.
● Right to Election to the Legislature:
● Complements the right to vote.
● Allows citizens to stand as candidates for legislative
bodies.
● Right to Public Office:
● Ensures equality of opportunity in holding public offices,
regardless of background.
● Emphasizes merit and qualifications over social or
economic status.
● Other Political Rights:
● Right to petition the government, protection abroad, etc.
Essential Rights:
● A combination of civil and political rights, varying across states.
● Fundamental rights guaranteed by the state, though lists may differ.

● here's a table that outlines the distinctions between Rights and

Liberties:

Aspect Rights Liberties

Legally protected liberties, Conditions of non-interference from

Definition recognized and enforced by the others, usually involving negative
state. duties.

Implies a corresponding duty or Usually involve negative duties (duty

Implication
obligation on others. of non-interference).

Rights are enforced and Liberties restrict governmental action,

State's Role
protected by the state. emphasising non-interference.

Nature of Often involve positive duties (to Primarily involve negative duties (to
Duty provide or ensure something). not interfere or restrict).

Liberty to read a book, freedom of

Right to possess property, right
Examples press, freedom of speech.
to life, right to education.
Aspect Fundamental Rights Natural Rights

Created by the state and Believed to exist inherently,

Origin
guaranteed by the constitution. independent of the state.

Theoretically enforced by
Enforcement Enforced by the state.
natural law or moral principles.

Cannot be legitimately
Can be limited or suspended by the
Limitations suspended or revoked, as they
state during national crises.
are inherent.

-Provide conditions for a good life

and happiness. Represent inherent human
Constitutionally protected, values and principles.
Role/Importance reflecting a commitment to Act as a moral guideline for the
individual worth. formation and operation of
Foster a sense of security and governments and societies.
unity, especially for minorities.

Concept of Duties (Social Responsibility and

Contribution)

Definition of Duty

● An obligation to act or refrain from acting for others' good,

essential in social life.
● Duties encompass both actions and forbearances for communal
welfare.

Kinds of Duties
 ● Moral Duties: Guided by conscience or social opinion, not legally
enforceable.
● Legal Duties: Imposed and enforced by law, with state coercion
if necessary.

Importance

● Social Cohesion:
● Duties emphasize responsibilities towards society and collective
welfare.
● Guide individuals in adhering to moral and ethical standards,
fostering trust and cooperation.
● Balancing Individual Interests with the Common Good:
● Duties serve as a reminder to exercise rights without infringing
on others, promoting responsibility and consideration for the
common good.
● Civic Engagement:

Duties of Citizens

Obedience to Law:
● Essential for the stability and order of society.
● Disobeying law seen as a 'political mistake and a public
calamity'.
● Citizens can constitutionally and peacefully advocate for
changing oppressive or unjust laws.
Allegiance to the State:
● Whole-hearted service and loyalty to the state.
● Includes defending the state, supporting state officials, and
prioritizing national interests over personal ones.
● Cooperating with law enforcement, upholding national honor,
and participating in civic duties.
Payment of Taxes:
● Critical for funding government functions and public services.
● Tax evasion undermines the government's ability to maintain
order and provide services.
● Prompt and honest tax payment is crucial for the common good
and general welfare.
Duty to Vote:
● Not just a right but a duty in a democratic state.
● Responsible voting shapes the government's form and function.
● Citizens should vote honestly, intelligently, and conscientiously
for effective representation.

Mutual Reinforcement: A Reciprocal Relationship

● Social Interdependence:
 ● Highlights the interconnected nature of societal roles and
responsibilities.
● Recognizes that exercising individual rights should be balanced with
societal well-being, not infringing on others' rights.
● Balance of Rights and Duties:
● Duties act as a counterpart to rights, fostering a balanced approach to
individual freedoms and societal responsibilities.
● Rights empower and protect individuals, enabling the pursuit of
interests and potential fulfillment.
● Duties ensure social cohesion, ethical conduct, and contribute to
overall societal welfare.

Implicit Agreement (Social Contract Perspective)

● Fundamental to Social Contract:
● The relationship between rights and duties is key to the social contract,
governing mutual expectations and responsibilities between
individuals and the state.
● Case Study: Duty to Taxation and Right to Earn
● Right to Earn: Individuals have the right to employment and earning a
livelihood.
● Duty to Taxation: Individuals are obliged to contribute to society
through taxes.
● Mutual Benefits: Taxes fund public services, benefiting both the
individual and the community.

Fundamental Rights in Islam

Overview:
● Islam is viewed as a complete code of life, encompassing various
aspects including society, politics, and state.
● Fundamental human rights in Islam are derived from the Holy Quran,
Sunnah (traditions) of the Prophet Muhammad, and practices of the
first four Caliphs.
Interplay of Rights and Duties:
● In Islam, every right is accompanied by a corresponding duty or
responsibility.
● The balance of rights and duties is a fundamental aspect of Islamic
jurisprudence.
Significance of Human Rights:
● Rights of man (Haqooq al-Abad) are emphasized, sometimes even over
the rights of God (Haqooq Allah).
● This emphasis showcases the immense importance of fundamental
human rights in Islam.
Charter of Fundamental Human Rights in Islam
Farewell Sermon of the Holy Prophet

The Farewell Sermon of the Holy Prophet Muhammad is a cornerstone of

fundamental human rights in Islam.

Right to Sanctity of Life and Property:

● Emphasis on the sacredness of life and property.
● Accountability for one's actions before God.
● (Quran: "Man will get what he has striven for").

Right to Inheritance:
● Legitimization of inheritance rights, prohibiting testament
against heirs.
● Affirmation of parental rights and punishment for the violation of
wedlock.

Abolishment of Riba (Interest):

● Prohibition of riba, ensuring fairness in financial dealings.
● Right to capital without exploitation through interest.

Right to Life:
● Abolition of bloodshed and vengeance from the pre-Islamic era.
● Specific reference to ending a cycle of revenge killings.
● The Quran forbids killing (Surah Beni Israel) and promotes self-
defense (Surah Al-Ma'idah).

Rights of Women and Wives:

● Mutual rights and duties between husbands and wives.
● Call for kind treatment and respect for the autonomy of women.
Equality and Brotherhood of Muslims:
● Emphasis on the equality and brotherhood among Muslims.
● Prohibition of injustice and exploitation among Muslims.

Equality of All Races Proclaimed:

● Declaration of equality irrespective of racial and ethnic
differences.
● Discouragement of racial superiority.

Right of the Slaves:

● Instructions for humane treatment of slaves.
 ● Advocacy for equality in food and clothing and against harsh
treatment.

Rights in Islam

● Personal Freedom
■ Protection from punishment without evidence (required
witnesses vary).
● Freedom of Opinion
■ Emphasized in Islam, with an injunction for justice even against
relatives (Surah Al-An'am: 152).
● Freedom of Conscience and Religion
■ "No compulsion in religion" (Surah Al-Baqarah: 256).
● Right to Equality
■ Equality among Muslims and between men and women (Surah
Al-Imran: 110; Surah Al-An'am: 108).

Duties in Islam

● Duty of Obedience
■ To obey Allah, the Messenger, and authority figures (Quran
4:58).
● Payment of Zakat
■ Mandatory tax to aid the poor, emphasizing wealth circulation
(Surah Al-Baqarah: 219; Surah At-Taubah: 33-35).
● Cooperation and Mutual Aid
■ Support the Islamic state and community, aiding the needy
(Quran 2:177).

Rights of Non-Muslims in an Islamic State

● Right to Life and Property

○ Islamic teachings recognize and protect the rights of non-Muslims
(Zimmis) to life and property.
○ Historical Charters:
■ Jews of Medina: Protected by Muslims, mutual defense and
good-will.
■ Christians of Najran: Guaranteed protection by the Holy Prophet
Muhammad.
■ Christians of Elia: Charter by Caliph Umar ensuring safety and
religious freedom.
● Right to Freedom of Religion and Worship:
○ Equal freedom of religion for non-Muslims as for Muslims.
○ Surah Al-Baqarah (2:256)
 ■ "There is no compulsion in religionProhibition against using
force or pressure in the propagation of Islam.
○ Surah An-Nahl (16:125) - "Invite to the way of your Lord with wisdom
and good instruction, and argue with them in a way that is best..."
○
■ Guidance for Muslims to present Islam rationally and humanely
(Quran 16:125).
○ Quranic instructions against abusive denunciation in religious
controversies (Surah Al-anam ; Surah Qaf).
○ Affirmation of the fundamental truth of belief in One Supreme Being
and virtuous living for salvation (applicable to Muslims, Jews,
Christians, Sabians).
● Islam acknowledges religious diversity and prohibits coercion in
religious matters Albarqa
● Tolerance is a key principle; respect for all religions and avoidance of
discrimination.
● The Quran advises against abusing false gods to prevent reciprocal
disrespect (6:109).
Exemption from Military Service:
● Non-Muslims are exempt from military service and Jihad.
● Voluntary participation in defense entitles them to equal rights as
Muslims.
Payment of Jizya:
● A tax for non-Muslims in lieu of military service and zakat obligations.
● Usually lower than zakat and exempts certain groups like the poor,
priests, and elderly.
■ Caliph Umar exempting an elderly non-Muslim from jizya.
Protection of Non-Muslim Places of Worship:
● Islamic states are responsible for the safety of non-Muslim religious
sites.
● Quranic commandment for protection of all places of worship (22:40).
● Historical compliance evident in the abundance of non-Muslim worship
places in Muslim countries.