The Main Theories of Human Rights

The Main Theories of Human Rights: -The human rights theories have the greatest and very crucial importance& role for the development of human rights which are having the very special and remarkable place in the history of jurisprudence of human rights.“The Various theories have been propounded in respect of natural or human rights of individuals but the main important theories are as follows:- 1. Natural Law Theory 2. Positivist Theory 3. Marxist Theory 4. Theory Based on Justice 5. Theory Based on Dignity 6. Theory Based on Equality of Respect and Concern Natural Law Theory: - The Natural Law theory is one of the oldest theories. The Greek Philosophers, as Socrates and Aristotle has given the birth of this Natural Law theory. It was further developed by Romans. The early original law of Romans was called “Jus Gentium”, which was considered to be the law of universal application. In “Jus Gentium” Romans enforced Natural Law; by natural law, Romans meant the sum of those principles which ought to control human conduct. Man by nature was a rational and social being, thus natural law was based on the rational and reasonable needs of human nature. John Locke has stated that human being existed in a state of nature where men and women where in a state of freedom able to determine their actions and also in a state of equality. However, the concept of natural law has been changing from time to time according to the needs of society. John Locke was the Chief Exponent of the Natural Law Theory “As remarked by Dias, “no other firmament of legal or political theory is so bejeweled with star that of “Natural Law” for it has engaged the attention of some of the greatest thinkers of all ages.”As pointed out by “Jus natural” the Romans meant “the sum of those principles which ought to control human conduct because founded in the very nature of man as a rational and social being. Thus the Natural Law was based on the rational and reasonable needs of a man’s nature. According to Romans Natural Law embodied that the elementary principles of justice which were the dictate of rights and reason. In other words, those principles were in accordance with nature and were unalterable and eternal. Natural Rights Theory has been derived from the above said Natural Law Theory. The Natural Theory is very close to the human rights.” Positivist Theory: - It is also called ‘the theory of the Authority of State’ the propounder of positivist theory hold the view that the people were bound to obey law if it was created by an appropriate legislative authority or a sovereign. Bunker shook was one of the chief exponents of Positivist School. According to him the source of human rights lies in the enactment of a system to which sanction has been attached to it. John Austin who is regarded as a great positivist of modern times has said “Law is the command of the sovereign”. Hence a person may be punished for disobedience of law by the sovereign authority. Prof. H.L. A. Hart, who is a modern positivist, has distinguished between invalidity of law and the morality of law. This is the basic difference between natural rights theory and the positivist theory. According to positivists, a law remains valid irrespective of its moral authority. “A different approach in respect of the rights was adopted by the Positivists. The positivism was in vogue in 18th and 19th centuries. The Positivists believe that people would be bound to obey law if it was created by appropriate Legislative Authority or Sovereign irrespective of its being reasonable or unreasonable. The Positivists called this Law Positivism.” Marxist Theory: - The propounder of this theory does not conceive of the rights of individuals as distinct from the rights of society as a whole. According to them, only by achieving the upliftment & development of society and community, the higher freedoms of individuals can be accomplished. This theory explains that even the satiation of social goal. According to these propounders the notion of individual’s rights is an illusion, because the rights of individuals are inter-dependent upon rights of the society. They regard concepts of law, morality, democracy, freedom etc., as historical as their concept is determined by the conditions of Society or community as a whole. “Thus, in view of this theory, even satisfactions of the basic needs of individual are contingent on realization of social goal. In their view, the notion of individual rights is a bourgeois illusion. They regard concepts of Law, Morality, Democracy, Freedom &etc. as historical categories whose content is determined by the conditions of life of society or community. The content of notions and ideas change in accordance with the changes that take place in the lives of people living in a society.” Theory Based on Justice: - John Rawlis the Chief Exponent of this theory has propounded “Justice is the first virtue of social Institutions”. He says that the role of justice is crucial to the understanding o f human rights. Human rights are an end of justice. The concept of justice behind the principles of justice is based on fairness. The concept of fairness and justice helps to determine all social goals, such as liberty and opportunity, wealth and self-respect etc., which are to be distributed equally among the persons composed of the society, with emphasis on lowest privileged people of the society.“The principle of Justice provides a way of assigning rights and duties in the basic Institutions of Society and also defines the appropriate distribution of the benefits and burdens of social co-operations. The general conception of Justice behind the principle of Justice is one of the fairness. The concept of fairness and Justice help to determine all social primary goals, such as, liberty and opportunity, income, health and the leases of self respect which are to be distributed equally unless an exception is made for the benefit of least forward.” Theory Based on Dignity: - According to this theory, the protection of human dignity is the paramount objective of social policy. The propounder of this theory pointed out that the demands for human rights are demand for protection of human dignity. They are of the view that free inter-dependent values upon which human rights depend, namely: - Respect, Power, Enlightenment, Well-being, Health, Skill, Affection, and Rectitude. The ultimate goal of the exponents of this theory is based on human dignity where the paramount objective of social policy is the protection of human rights. It may be noted that under Article 21 of the constitution right to lead a dignified life has been ensured to all citizens of the country. The Supreme Court has held this principle in number of cases. Theory Based on Equality of Respect and Concern: -“This Theory has been propounded by Dworkin (Dworkin, Taking Rights Seriously, 1977) the basics of this theory is that government must treat all their citizens with equal concern and respect. Dworkin has affirmed the utilitarian principle that everybody can count for one, nobody for more than one. He even advances the idea of state intervention in order to achieve social welfare. In his view, a right to liberty is too vogue to be meaningful but there are certain specific liberties, such as freedom of speech, freedom of worship, right of association and personal and sexual relation require special protection against government interference. If these liberties were left to a utilitarian calculation or an unrestricted calculation of general interest, the balance would tilt in favour of restriction instead of general interest.”