URKUND

Urkund Analysis Result

Analysed Document: A1958IVPolScience.docx (D54882671)
Submitted: 8/19/2019 4:38:00 AM
Submitted By: maheshrawat.ug@nliu.ac.in
Significance: 11 %

Sources included in the report:

THE CONCEPT OF LIBERTY AND EQUALITY.docx (D44374832)

https://en.wikipedia.org/wiki/Rights
http://www.mengning520.com/Others/13140/

Instances where selected sources appear:

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NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

Political Science – II

PROJECT ON Topic – Rights And Liberties

Submitted To: Submitted by: Prof. (Dr.) Raka Arya Mahesh Rawat 2018B.A.LL.B51

Introduction

0: https://en.wikipedia.org/wiki/Rights 100%

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.

Rights are of essential importance in such disciplines as law and ethics,

especially theories of justice and deontology.

Though the term ‘liberty’ comes from the Latin word ‘liber’ meaning ‘free’, it has not meant the
same thing for all thinkers in the realm of western political philosophy. Liberty means the
absence of constraints and not the absence of restraints and limitations. It does embrace the
area of man’s choice and, at the same time, calls for the proper justification of the limits or
restrictions on such an area. Definition of Right: From the historical point of see, `right' in its
goal sense is described because right or just activities that individuals need to release to
maintain unified associations between themselves. Within the current or subjective sense, the
definition is long plus divisive. What ever may become the debate, and academic discussion
that surrounds the particular historical roots, and the particular different symbolism that
`Right' has, generally speaking rights mean- a legal sanction or even normative value.

0: http://www.mengning520.com/Others/13140/ 35%

Rights are usually legal, interpersonal, or honest principles of freedom or even entitlement;
that is, legal rights would be the fundamental normative guidelines as to what is allowed of
men and women or owed to individuals, based on some legal program, social convention, or
honest theory.

Rights are associated with essential importance in

2
URKUND A1958IVPolScience.docx (D54882671)

this kind of disciplines as law plus ethics, especially theories associated with justice and
deontology. Legal rights in many cases are considered fundamental in order to civilization,
being regarded because established key elements of modern

society and culture, plus the historical past of social clashes are located in the history of each
and every proper as well as

its development. In line with

the Stanford Encyclopedia of Beliefs, "rights structure the sort of government authorities, this
content of laws, in addition to the design of values as it is

at present identified. Rights are

vital conditions for good lifestyle in society. They aid in the complete development of folks and
their personality. Privileges are conditions regarding sociable life which person are unable to
be at his finest or precisely what is needful to be able to the satisfactory development in
addition to expression of his individuality. The idea of privileges provides for a vital application
of research of the associations between individual and typically the state. The state of hawaii
promises specialist over individual, but any time the state can be considered tool of society, it
is important that will authority associated with their state will be made to rely around the
function it performs one FREEDOM Which means of Freedom: Although the phrase ‘liberty’
originates from the Latin word ‘liber’ which means ‘free’, it offers not really designed the exact
same thing for all thinkers in the world of western politics viewpoint. “The word ‘free’ any
which is frequently utilized, especially by politicians, yet it is far from always clear what exactly
is meant, ”1 one Benn and Peters: Interpersonal Concepts and the Democratic Condition
(London: George Allen plus Unwin, 1975)p. 196. Therefore, we might locate a wide perimeter
associated with distinction between the particular views of eminent politics scientists which
range from that associated with Mill who treats freedom as something absolutely defense
from vices a minimum of within the ‘self-regarding sphere’ associated with human activity2 to
that of Laski who takes it

0: THE CONCEPT OF LIBERTY AND EQUALITY.docx 91%

as “the eager maintenance of that atmosphere in which men have the chance to be their best
selves. ”3

It is owing to this diversity that the negative and positive dimensions of liberty have been
differently treated, particularly by the thinkers of the English liberal school. Liberty means the
absence of constraints and not the absence of restraints and limitations. It does embrace the
area of man’s choice and, at the same time, calls for the proper justification of the limits or
restrictions on such an area. 4 Man is a social animal and he is residing in society. He must,
therefore , change his liberty with due regarding to the liberty of other people. Rules of
human carry out and behaviour is essential in social life. The essential saying of liberty is the
fact that legislation is the situation of liberty. Prof. Barker has remarked that just like the
particular absence of ugliness will not mean occurrence associated with beauty, so the lack of

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most restrains will not really mean the provides associated with liberty. Freedom is an
extremely treasured condition without which nor the particular state neither the particular
individuals can make any kind of progress.

DEFINITION Definition of Rights by different Political Thinkers: Basanquet “A right is acclaim

recognized by society and enforce by the state.” Ihering Rights are “legally protected interest.”
Holland Right is “the capacity residing in one man of controlling, with the accent of and
assistance of the state the action of other.” Salmond “A right is an interest recognized and
protected by rules of right that is by, legal rules.” Definition of LIBERTY by different Political
Thinkers: Libel “It is the faculty of willing to the power of doing what has been willed without
influence from any other source.”

0: THE CONCEPT OF LIBERTY AND EQUALITY.docx 96%

D.D. Raphall “Freedom means absence of restraints. A man is free so far as he is not restraint
from doing what he wants to do or what he would choose to do if he knew that he could.”

0: THE CONCEPT OF LIBERTY AND EQUALITY.docx 88%

G.H. Colhe Liberty is “the freedom of every individual to express without external hindrance,
his personality.”

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T.H. Green “Power to do

or enjoy something that is worth doing or worth enjoying in common with others.”

Analysis of Right In its analytical perspective, “right” has two parts (form and function). One is
the internal structure of right (their form); and the other is what rights do for individuals who
hold them (function). Accordingly, right is a mixture of claim and duty. This means a right
confers certain liberties or privileges and imposes duties on individuals to exercise while
claiming their rights. A number of jurists define the concept of exercise of rights with duty as
positive and negative rights. Accordingly, the person who is possessive of positive rights
entitled to provision of some goods or services. A holder of negative right is entitled to non-
interference. In the eyes of law, Right confers on a person certain amount of liberties and
privileges. At the same time impose obligations to discharge. Furthermore, possessing a right
should also allow a person to exercise it. This part of empowerment mechanism could be
achieved only by imparting the values regarding human rights education. On the other hand,
basing on the frequent consumption in the term philosophers and political analysts inside
subjects like philosophy, governmental policies, law and logic ou. al., have defined typically the
rights in many categories. Consequently, rights can be broadly identified as 1) Natural Rights
2) Legal Right 3) Moral Rights 4) Positive Rights 5) Negative Rights 6) Individual Rights and 7)
Group Rights NATURAL RIGHTS The concept of Natural rights is closely associated with the
philosophy or theory of Normal law. According to this specific theory, nature or Our god alone

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regulates the intelligence plus the activities of guys. The kings being typically the divine origin,
as reps of God, the regulations framed by them have been considered divine in
characteristics. But in age enlightenment ( or Regarding Reason) of the eighteenth millennium
a number of European advocators like, Hobbes, Locke, Hugo Grotius, Rousseau, Samuel
Pufendorf, et. al., questioned the origin of keen concept to natural regulation. A natural right
is usually nothing but, rights according to just, fair and sensible. This means, the persons unite
themselves to contact form political societies through common consent, and agree to be able
to form a government regarding their own. It may help those to lead their life through
common rules and regulations framed by either them or their representatives. At the same
time, they accept a set of legal and moral duties to be observed or bound by them in the
exercise of their rights in order to reside in peace and security with no violence. However, this
being the main philosophy advocated by all philosophers of natural law, there is a difference
of viewpoint that exists among them. A section of modern naturalists argue that since human
rights are closely associated with the concept of natural rights, there exist no difference
between natural and human rights; both are one and the same. But some traditionalists argue
that since natural rights are not framed by men and are the dictates of right of reason of
nature, both cannot be equated. According to them, since natural rights are being above the
power of any authority either state or international bodies, and are universal in nature, they
cannot be equated with human rights, because they are adapted by human society through
an international body and not of keen origin. 6 PROTECTION UNDER THE LAW Legitimate
Rights means, rights which can be guaranteed to citizens regarding a country by regulation
enjoy certain freedoms without fear or favour. Legitimate rights also referred to be able to as
statutory rights, bequeathed by a particular federal government to the governed in addition
to are in accordance with specific civilizations and governments. These privileges are
enumerated or codified into legal statutes by simply a legislative body. These kinds of rights
may differ coming from country to country dependent when the constitution in addition to
culture that they followed. Nevertheless, at the similar time legal rights inflict a duty on other
folks never to exceed the prescribed by doctors limits of law. Legitimate rights are granted to
be able to man legally. According to be able to Leacock, A legal proper is a privilege liked by
way of a citizen against his / her many other citizens, granted by simply the sovereign power
regarding the state and maintained by that power. ” They are also safeguarded by law. The
tennis courts have the responsibility regarding safeguarding legal rights. Legitimate rights are
definite, very clear, uniform, and universal. Zero discrimination should be demonstrated
between citizens in the application of legal rights by the state. There are definite bodies to
formulate and to interpret legal rights. The violation of legal rights results in punishment by
the government. Legal Rights may be classified vividly as follows: 1. Primary and Secondary
Rights- A primary right is a right vested in a person by law or by contract or in any other legal
matter. They may be explained as the bundle of rights which are the privileges enjoyed by any
person, e. g., a person’s right to liberty, safety and reputation. Primary rights have
independent existence. A Secondary right or sanctioned right is a right that arises if the
primary right is lost. It is called the sanctioned right because it is a mode of legal enforcement,
by the way of solace for typically the loss of primary proper. Secondary rights do not have self-
employed existence. 2. Public in addition to Private Rights – Open public rights are rights
vested in the state. Typically the state retains such privileges as the associated with typically

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the public for the benefit for the city. Private rights usually are rights which belong to be able
to individuals. When both typically the folks with whom a new right is related usually are
individuals, it is a new private right. A proper which an individual workout routine for his own
private benefit is a exclusive right. Holding a residence by someone is a new private right.
MORAL RIGHTS In ordinary terminology, we use the expression ‘right’ in at the very least two
ways; we point out that someone has the justification to something, and we likewise admit
someone has a new right to do specific things. In the very first instance, the existence
regarding the right concerns typically the behavior of someone additional than typically the
right-holder, considering that to say i have got a right to anything is to state that a person has
the obligation to be able to act in some method towards me. In typically the second instance,
it is usually the right- holder’s habits that is in issue, and say that he or she has a right to do
something in a particular approach is always to say that he or she is morally liberal to carry
out so- that it is usually not wrong for him or her to accomplish this. These two makes use of
of the term ‘right’ correspond in part to be able to Dworkin’s (1977: 188) ‘strong’ and ‘weak’
senses regarding right respectively. The common interpretation of a claim-right is that
another provides the duty to work inside some way together with respect to the ‘thing’ to
which the 1st person includes a right. Yet does a right-to-something simply imply a duty within
others or is this a proposal of normative benefits? In either case, the core concept of right
appears in order to be that an item or interest protected simply by a duty has some thing that
are regarded as great, also to say that you have a right to this kind of a points ensures that
one’s interests in this thing should get protection. Not every goods or even interests generate
rights; this is merely if you find a especially important moral reason behind safeguarding the
good or desire for question that we talk of there being aright connected to it. This concept is
expressed in Dworkin’s (1977: 189-90) well- recognized claim that individual legal rights are
political trumps kept by individuals. He would go to add that individuals possess rights when,
for a few reason, a collective objective is not a enough justifications for imposing a few loss or
injury after them. 8 Positive Plus Negative Rights A area of philosophers drew the distinction,
which is slim and narrow between good and negative rights. Good rights means, rights with
regard to which a person will be likely to discharge some support in order to do good
separately in order to the society since a whole. Negative privileges impose an obligation
about others not to intervene with the freedom or freedom of one more holder regarding
rights. Inside the language regarding law since both privileges are passive rights, that is
difficult always to categorise these rights in a new strict sense. The General Declaration of
Human Privileges (UDHR) has both typically the characteristics of Positive in addition to
Negative rights. Many students argue that since right now there is a co-existence involving the
two concepts; a differentiation is not necessary. Illustrations for Positive Rights: These kinds of
rights normally impose obligation either on the express or about society or perhaps a group
of persons in satisfying the promises of owners of privileges, (for example) Right to be able to
Education, Directly to Health, Sociable Security and so forth In typically the Indian context
these are generally referred to as the Directive Rules of State Policy beneath the Constitution
of India. It is not necessarily easy to achieve this specific category of rights since they count on
various elements including the resources. These kinds of rights are referred since Economic,
Social and Ethnic rights in the terminology of human rights. Bad Rights Examples: The
privileges normally impose a obligation on every individual being a moral and legal

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requirement to refrain from triggering problems for the exercise regarding the right of
additional person. Right to flexibility of speech and appearance, right to life in addition to
liberty, right to equal rights, right to property, proper to be heard directly to speedy trial and
rights, right to worship, flexibility regarding religion, right to be able to legal solution etc.
usually are referred to as City and Political Rights inside the UDHR.

22

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URKUND A1958IVPolScience.docx (D54882671)

Hit and source - focused comparison, Side by Side:

Left side: As student entered the text in the submitted document.

Right side: As the text appears in the source.

Instances from: THE CONCEPT OF LIBERTY AND EQUALITY.docx

3 91% 3: THE CONCEPT OF LIBERTY AND EQUALITY.docx 91%

as “the eager maintenance of that atmosphere in which men The source document can not be shown. The most likely reason
have the chance to be their best selves. ”3 is that the submitter has opted to exempt the document as a
source in Urkund's Archive.

4 96% 4: THE CONCEPT OF LIBERTY AND EQUALITY.docx 96%

D.D. Raphall “Freedom means absence of restraints. A man is The source document can not be shown. The most likely reason
free so far as he is not restraint from doing what he wants to do is that the submitter has opted to exempt the document as a
or what he would choose to do if he knew that he could.” source in Urkund's Archive.

5 88% 5: THE CONCEPT OF LIBERTY AND EQUALITY.docx 88%

G.H. Colhe Liberty is “the freedom of every individual to express The source document can not be shown. The most likely reason
without external hindrance, his personality.” is that the submitter has opted to exempt the document as a
source in Urkund's Archive.

8
URKUND A1958IVPolScience.docx (D54882671)

6 100% 6: THE CONCEPT OF LIBERTY AND EQUALITY.docx 100%

T.H. Green “Power to do The source document can not be shown. The most likely reason
is that the submitter has opted to exempt the document as a
or enjoy something that is worth doing or worth enjoying in source in Urkund's Archive.
common with others.”

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URKUND A1958IVPolScience.docx (D54882671)

Instances from: https://en.wikipedia.org/wiki/Rights

1 100% 1: https://en.wikipedia.org/wiki/Rights 100%

Rights are legal, social, or ethical principles of freedom or Rights are legal, social, or ethical principles of freedom or
entitlement; entitlement; that is, rights are the fundamental normative rules
about what is allowed of people or owed to people, according to
that is, rights are the fundamental normative rules about what is some legal system, social convention, or ethical theory.[1] Rights
allowed of people or owed to are of essential importance in such disciplines as law and ethics,
especially theories of justice and deontology.
people,

according to some legal system, social convention, or ethical

theory.

Rights are of essential importance in such disciplines as law and

ethics,

especially theories of justice and deontology.

10
URKUND
Instances from: http://www.mengning520.com/Others/13140/
2 35%
Rights are usually legal, interpersonal, or honest principles of
freedom or even entitlement; that is, legal rights would be the
fundamental normative guidelines as to what is allowed of men
and women or owed to individuals, based on some legal
program, social convention, or honest theory.
Rights are associated with essential importance in
this kind of disciplines as law plus ethics, especially theories
associated with justice and deontology. Legal rights in many
cases are considered fundamental in order to civilization, being
regarded because established key elements of modern
society and culture, plus the historical past of social clashes are
located in the history of each and every proper as well as
its development. In line with
the Stanford Encyclopedia of Beliefs, "rights structure the sort of
government authorities, this content of laws, in addition to the
design of values as it is
at present identified. Rights are
11
A1958IVPolScience.docx (D54882671)
2: http://www.mengning520.com/Others/13140/ 35%
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.1 Rights
are of essential importance in such disciplines as law and ethics,
especially theories of justice and deontology.
Rights are often considered fundamental to civilization, being
regarded as established pillars of society and culture,2 and the
history of social conflicts can be found in the history of each right
and its development. According to the Stanford Encyclopedia of
Philosophy, "rights structure the form of governments, the
content of laws, and the shape of morality as it is currently
perceived." Rights are