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Rights, Obligations, and Citizenship 3.

Lex iustitiae - which views our


rights from the perspective of
I. RIGHTS the juridical order.

> “Rights” = Original meaning: power or > RIGHTS ARE BASED ON:
privilege; Modern sense: entitlement to act or a. Who Should Possess Them?
be treated in a particular way. ● Every “Human Being”. Even
the children, adults, and
> “All men are created equal. They embryos. Whatever gender,
are endowed with inherent and culture and value they are in or
inalienable rights.” - Thomas Jefferson. what type of social status they
● Only a republic is compatible with the have.
inalienable rights of men. ● But now, even the
non-humans: the rights of
> Rights: A claim right which entails animals and other species even
responsibilities, duties, or obligations on the environment possesses it.
other parties regarding a right-holder.
● Is a sort of an imposition of an A. Legal and Moral Rights
obligation on another person to
respect the right of a claimant. > Legal rights - rights which are enshrined in
law and are therefore enforceable through the
> Liberty: Does not entail obligations on other courts.
parties, but rather entails only freedom or ● Described as ‘positive’ rights in that
permission for a right-holder. they are enjoyed or upheld regardless
● Exercised at free will by the holder of of their moral content.
such rights, without any sort of
obligation on another person in the > Moral rights - ‘ideal’ rights, which bestow
exercise of his or her right. upon a person a benefit that they need or
deserve.
> WHAT IS A DOCTRINE OF RIGHTS? ● It reflects what a person should have,
from the perspective of a particular
● Kant’s Doctrine of Rights is the moral or religious system.
assumption that everyone has a right
to external freedom. > FUNDAMENTAL LEGAL CONCEPTIONS
● Privileges or liberty-rights
● As it denotes the transition from ● Claim-rights
private to public law, summarizes ● Legal powers
characteristics of the juridical state, ● Immunities
and outlines the basic system of
rights, the three leges: > Moral Rights: Jeremy Bentham
● Rejects the idea of moral rights
1. Lex iusti - the law which believing them to be nothing more than
defines what is legally relevant. a mistaken way of describing legal
2. Lex iuridica - the legally rights that ought to exist since it may
relevant facts, circumstances become impossibly vague and
and actions to which the lex iusti degenerate into little more than an
can be applied. expression of what is morally desirable.
B. Human Rights 3. Economic – the right to participate in
> John Locke identified as natural rights the an economy that benefits all; and to
right to ‘life, liberty and property. desirable work.

> Thomas Jefferson defined them as the right 4. Social – the right to education, health
to ‘life, liberty, and the pursuit of happiness’ care, food, clothing, shelter and
social security.
> Described as ‘natural’ in that they were
thought to be God-given and therefore to be 5. Cultural – the right to freedom of
part of the very core of human nature. religion, and to speak the language,
● Natural rights did not exist simply as and to practice the culture of one’s
moral claims but were, rather, choice
considered to reflect the most
fundamental inner human drives. C. Animal and Other Rights

> Thomas Jefferson defined > What does it mean for an animal to have
“Jeffersonianism” rights?
● To blend a belief in rule by a natural ● The philosophy of animal rights holds
aristocracy with a commitment to that non-human species deserve the
limited government and same rights and respect from humans
laissez-faire * Economic transactions free from that are guaranteed to the human
government intervention.
species broadly under the rule of law.

● Reflecting the belief that, ‘That ● Animal rights activists oppose the
government is best which governs ownership of animals and the
least.’ subjugation of them as food,
clothing, entertainment, and research
● Promotes social reform, favoring the subjects.
extension of public education, the
abolition of slavery, and greater > Utilitarian Approach to Animal Rights
economic equality . ● Animal cruelty = main driver behind
effort to treat all species as equals.
> CHARACTERISTICS OF HUMAN RIGHTS
● Universal > Animal Welfare Act of 1966
● Internationally guaranteed ● It is the only Federal law in the United
● Legally protected States that regulates the treatment of
● Protects individuals and groups animals in research, exhibition,
● Cannot be taken away transport, and by dealers.
● Equal and indivisible
● Obliges States and State actors ● The act fails to address the care and
treatment of farm animals used for
> 5 CATEGORIES OF HUMAN RIGHTS food or small animals used for testing
1. Civil – the right to be treated as an such as rats and mice.
equal to anyone else in society.
a. Ecologism
2. Political – the right to vote, to freedom
of speech and to obtain information. > The term ecology was coined by Ernst
Haeckel in 1866 to refer to ‘the investigations
of the total relations of the animal both to its of ‘back to nature’ mysticism and
organic and its inorganic environment’. ideas such as Earth worship.

> Ecological or green political ideas > Murray Bookchin


can be traced back to the nineteenth-century
backlash against the spread of ● Leading proponent of ‘social ecology’.
industrialization and urbanization.
● He has emphasized the potential for
> Modern ecologism emerged during the non-hierarchic cooperation within
1960s along with renewed concern about the conditions of post-scarcity and
damage done to the environment promoted decentralization and
by pollution,resource depletion, community within modern societies.
over-population and so on.
● His principle of social ecology
ENVIRONMENTAL PHILOSOPHER: propounds the view that ecological
principles can be applied to social
> Ernst Friedrich Schumacher organization

● Championed the cause of human- ● Argues that the environmental crisis is


scale production and helped to a result of the breakdown of the
develop an ecological philosophy. organic fabric of both society and
nature.
● His notion of ‘Buddhist’ economics
(‘economics as if people mattered’) > Rudolph Bahro
stressed the importance of morality ● Attempted to reconcile socialism with
and ‘right livelihood’, and warned ecological theories.
against the depletion of finite energy
sources. ● His argument that capitalism is the
root cause of environmental
● Believed in ‘appropriate’ scale problems led him to assert that those
production, and was a keen advocate concerned with human survival
of ‘intermediate’ technology. should convert to socialism, and that
people who support social justice
> James Lovelock must take account of ecological
● Best known for having developed the sustainability.
Gaia hypothesis.
● He moved beyond conventional
● This portrays the Earth’s biosphere ecosocialism, concluding that the
as a complex, self-regulating, living ecological crisis is so pressing that it
‘being’, called Gaia after the Greek must take precedence over the class
goddess of the Earth. struggle.

● Although the Gaia hypothesis extends > Carolyn Merchant


the ecological idea by applying it to the
planet as an ecosystem and offers a ● She developed a socialist feminist
holistic approach to nature critique of the scientific revolution that
ultimately explains environmental
● Lovelock supports technology and destruction in terms of the
industrialization and is an opponent
application by men of a mechanistic E. Historical Roots of Political
view of nature. Obligation

● According to this view, a global > Socrates


ecological revolution would ● believed that ethics and politics were
reconstruct gender relations as well closely intertwined.
as the relationship between humans ● He considered statecraft and the art
and nature. of governance as virtues of the
highest order.

II. OBLIGATION ● emphasized the duty to respect and


live by the laws of the community,
A. What is Obligation? even when faced with personal sacrifice.
> A requirement or duty in a particular way
distinguished between: > Thomas Hobbes
● “being obliged” to do something and; ● According to Hobbes (Leviathan, 1961),
● “having an obligation” to do the state of nature was a chaotic
something condition where there were no
enforceable criteria of right and
B. LEGAL OBLIGATION VS MORAL wrong.
OBLIGATION
● Hobbes believed that individuals
● Legal Obligation: arise from laws, voluntarily entered into a social
contracts, or other official legal sources. contract to escape state war. They
- They are enforceable and carry agreed to give up some of their liberty
consequences if violated. and submit to sovereign authority in
● Moral Obligation: based on personal exchange for protection and security.
values, ethics, and conscience.
- Stem from an individual's sense > John Locke
of right or wrong. ● Locke emphasized that political
obligation stems from an individual’s
C. POLITICAL OBLIGATION consent.
- They become obligated to obey
● This refers to the moral duty of a sovereign through covenants
citizens to obey national laws and they make.
support the states.
● He argued that individuals have
● This focuses on the morality of laws, natural rights (life, liberty, property)
rather than mere compliance with legal that precede the formation of a
rules. commonwealth.
- These rights serve as the
D. SOCIAL CONTRACT THEORY foundation for political
obligation.
● Posits that moral and political
obligations arise from an agreement F. LIMITS OF POLITICAL OBLIGATION
or compact among individuals to
form the society in which they live. > The obligation denotes not a duty to obey a
particular law but rather the
citizen’s duty to respect and obey the state
itself. C. REPUBLICANISM

> When the limits of political ● Republican political thought, rooted in


obligation are reached, the citizen is not ancient Rome and revived during the
merely released from a duty to obey Renaissance and revolutions,
the state but, in effect gains an entitlement: the emphasizes public rule and civic
right to rebel. freedom.

● While it declined with liberalism's


III. CITIZENSHIP rise,"civic republicanism" gained
interest in the 1960s.
A. WHAT IS CITIZENSHIP? - It contrasts with monarchy,
focusing on public
● The concept of citizenship is rooted in participation and protection
the political thought of Ancient against tyranny, promoting
Greece. active engagement in civic life.

● Citizenship therefore represents a ● Republicanism seeks to counter


relationship between the individual individualistic liberalism, but criticism
and the state, in which the two are arises due to theoretical ambiguity.
bound together by reciprocal rights
and obligations. REPUBLICANISM ADVOCATES:

B. ELEMENTS OF CITIZENSHIP 1. NICCOLO MACHIAVELLI

● One attempt to refine the notion of ● Machiavelli helped to revive a form of


citizenship: to define its legal republicanism that was based upon an
substance. uncritical admiration of the Roman
- By reference to the specific Republic.
rights and obligations which a ● He not only argued that are public is
state invests in its members. the best way of reconciling tensions
between patricians and the people,
● The most fundamental right of but also stressed the importance of
citizenship is: the right to live and work patriotic virtue in maintaining
in a country. political stability.
- Something which ‘aliens’
or‘foreign citizens’ may or may ● Machiavelli identified liberty with
not be permitted to do, and then self-government and saw military and
only under certain conditions political participation as an important
and for a limited period. means of ensuring human fulfillment.

● Citizens may also be allowed to vote,


stand for election and enter certain
occupations, notably military or state 2. CHARLES-LOUIS DE
service. SECONDAT MONTESQUIEU
- Which may not be open to
non-citizens. ● Montesquieu championed a form of
parliamentary liberalism that was
based upon the writings of Locke and,to
some extent, a misreading of English ● The central feature of this was an
political experience. attempt to ensure that power is a
check to power’.
● Montesquieu emphasized the need to
resist tyranny by fragmenting D. SOCIAL OR ACTIVE CITIZENSHIP?
government power, particularly through
the device of the separation of ● The concept of social citizenship
powers. originating from T.H. Marshall,
emphasizing equal rights and
● The separation of powers proposes entitlements for all members of the
that the government be divided into community.
three separate branches,the
legislature,the executive and the ● Marshall sees citizenship as a
executive and judiciary. universal quality tied to social
equality, contrasting with class
3. THOMAS PAINE inequalities in a capitalist system.

● Paine was a fierce opponent of the


monarchical system and a fervent E. UNIVERSAL CITIZENSHIP AND
supporter of the republican cause. DIVERSITY

● He developed a radical strand within ● The traditional conceptions of


liberal thought that fused an emphasis citizenship, emphasizing universality
upon individual rights with a belief in rooted in liberal ideals. However,
popular sovereignty. growing awareness of diversity
challenges universal citizenship.
4. BENJAMIN CONSTANT
● Iris Marion Young proposes
● Constantis is best known as a 'differentiated' citizenship,
supporter of constitutionalism and acknowledging group differences.
for his analysis of liberty.
● Multiculturalism, recognizing and
● He distinguished between the ‘liberty affirming cultural diversity, introduces
of the ancients’ and the ‘liberty of the minority rights.
moderns’, identifying the former with
the ideas of direct participation and F. MULTICULTURALISM
self-government, and the latter with
non-interference and private rights. ● Multiculturaltheories, influenced by
communitarian critiques of liberalism,
5. JAMES MADISON promote positive toleration and
public recognition of diverse cultures
● Madison was an important exponent to address challenges of cultural
of constitutional republicanism. diversity and social justice.

● His principal concern was to devise ● Originating in the 1960s,


institutions through which factional multiculturalism emphasizes cultural
rivalry could be contained and pride, advocates for minority
political liberty ensured.
rights,representation, and inadequacy of liberal
preservation of practices. multiculturalism.
● Liberal multiculturalism, rooted in
freedom and toleration, may coexist with ● Parekh’s multiculturalism is based upon
value pluralism. a dialectical interplay between human
- But some theorists reject it, nature and culture, in which human
citing limited capacity to beings are culturally constituted in the
embrace true cultural sense that their attitudes, behavior and
diversity, especially if ways of life are shaped by the groups to
conflicting with liberal principles. which they belong.

1. CHARLES TAYLOR

● Taylor has been primarily concerned


with the issue of the construction of SECOND TREATISES OF GOVERNMENT
the self. BY JOHN LOCKE

● His communitarian portrayal of persons A. WHO IS JOHN LOCKE?


as ‘embodied individuals’ has
enabled him to argue in favor of the ➥ English philosopher whose works lie at the
politics of recognition, based upon foundation of modern philosophical
the belief that individuals need to be empiricism and political liberalism.
the object of others’ positive
attitudes and that cultures have their ➥ His political thought was grounded in the
own unique, authentic essences. notion of a social contract.

● Taylor accepts that liberal societies


should be based upon guaranteed B. WHAT IS THE FIRST AND SECOND
basic freedoms TREATISES ALL ABOUT?

2. WILL KYMLICKA > John Locke had written first and second
treatises. He combined both then published
● Kymlicka has sought ways of them together as Two Treatises of
reconciling liberalism with the ideas Government in 1689.
of community and cultural
membership. > It is both an attack on absolute monarchy
that was written in the context of debates over
● He has advanced the idea of constitutional limits on the prerogative
multicultural citizenship, based upon powers of the King of England.
the belief that cultures are valuable and
distinct and provide a context in which > This period of history is known as the
individuals are provided with meaning, Glorious Revolution.
orientation, identity and belonging.
> The First Treatise attacks patriarchalism in
3. BIKHU PAREKH the form of sentence-by-sentence refutation of
Robert Filmer's Patriarcha
● Parekh has advanced a defense of a
pluralistic perspective on cultural
diversity and highlighted the
> While the Second Treatise outlines Locke's
ideas for a more civilized society based on III. OF THE STATE OF WAR
natural rights and contract theory.
➢ Locke defines the state of war as a state of
> It talks about: “enmity and destruction.”
1.) Free and equal individuals
2.) Natural rights of life, liberty, and property ➢ Anyone who attempts to assert absolute
3.) State of nature ≠ state of war power on another automatically enters into a
4.) Forming a political society state of war.
5.) Establishing a government
6.) Right of rebellion against unjust authority IV. OF SLAVERY

C. THE CHAPTERS OF THE SECOND ➢ Everyone has a natural liberty, Locke says,
TREATISES OF GOVERNMENT to not be held under the will of another, but the
liberty of one in society is
I. AN ESSAY CONCERNING THE TRUE not the same as the liberty of one in nature.
ORIGINAL, EXTENT AND END OF
CIVIL GOVERNMENT ➢ In Locke’s view, “freedom of nature, is to be
under no other restraint but the law of nature”
➢ Locke defines political power as the right
to make laws for the protection and
regulation of property. In his view, these laws
only work because the people accept V. OF PROPERTY
them and because they are for the public good.
➢ The chapter begins with the declaration that
God gave the Earth as a common property
for mankind to use and that Locke endeavors
to explain how individual property then came to
II. OF THE STATE OF NATURE be.

➢ Locke’s account of the legitimacy of ➢ Each person, according to Locke, has


government relied on the same moves of property in his or her own person—that is,
Hobbes’s social contract theory. However, each person literally owns his or her own body.
unlike Hobbes, Locke’s is in conformity to the
Christian scripture. ➢ All persons are entitled to as much of the
product of their labor as they need to survive.
➢ He claims that all men are originally in a
state of nature. A man in this original state is
bound by the laws of nature, but he is otherwise VI. OF PATERNAL POWER
able to live, act, and dispose of
his possessions as he sees fit. He referred to all ➢ Locke defines it as the power parents have
men being in a state of equality over their children.
and perfect freedom.
➢ The most ardent supporters of the monarchy
And thus, in the state of nature, one man believe kings rule by right of fatherhood, but
comes by a power over another; but yet no Locke argues that to invest absolute power
absolute or arbitrary power. Every man has a in a monarch is to never be free.
right to punish the offender, and be an
executioner of the law of nature.
VII. OF POLITICAL OR CIVIL SOCIETY ● One’s children cannot be forcefully
bound to the same government and are
➢ Locke says that humans have been social free to choose.
creatures and not existed
alone, having different forms of relations with IX. OF THE ENDS OF POLITICAL
one another that serve different purposes, SOCIETY AND GOVERNMENT
evident first by the presence of both Adam and
Eve together. ➢ In the state of nature, men have two powers
they consent upon forming a society:
➢ Matrimony does not only serve for ● Doing whatever he thinks fits for the
procreation but also for the upbringing of preservation of himself.
children, and the power of the husband over
the wife is not absolute and in civil society, a ● Punish crimes committed against the
dispute would be handled by the law of nature.
government.
➢ Locke mentions the commonwealth and ➢ Why would a man enter a society and not
that the government is liable to provide for remain in a state of nature where he has
legislation for acceptable behavior that complete freedom?
works in favor of the public.
● Preservation of their property.
VIII. OF THE BEGINNING OF POLITICAL
SOCIETIES ● State of nature lacks:
- an established, settled, known
A. What begins a Political Society? law that is received and
accepted by common consent
The consent of any number of free men capable as the standard of right and
of a majority to unite and incorporate into a body wrong and as the common
politic. measure to decide all
controversies.
● Majoritarian rule
● Universal agreement - a known and impartial judge,
with authority to settle all
B. Two (2) Objections of this Concept differences according to the
established law.
1. No history where men set up the government
themselves. - a power to back up and support
Locke’s argument: a correct sentence and to
● We were born ignorant and infancies. enforce it properly.
● Records as we have of the beginnings
of political states give no support to
paternal dominion. X. OF THE FORMS OF A
COMMONWEALTH
2. People already under a government do not
have the right to start a new one. A. What is the commonwealth?
Locke’s argument:
● People still have the power to change - An independent community and
that government. society of men, not a city or form of
government.
B. Different Forms of Power Structures that B. Executive of the Commonwealth
a Commonwealth may freely form:
● There must be a power that—unlike
➢ Democracy the legislative—is always in existence,
➢ Oligarchy a power that will enforce the laws that
➢ Monarchy have been made and repealed.
● Hereditary monarchy
● Elective monarchy C. Federative of the Commonwealth
➢ The people can also choose to set up a new
form of government. ● This is called the "natural" power.

● It has the power of war and peace,


XI. OF THE EXTENT OF THE league and alliances, and all
LEGISLATIVE POWER transactions with individuals and
communities outside the
➢ Though the legislature is the supreme power commonwealth.
in every commonwealth, there are four (4)
things to be said about what it may not do: D. What is the difference between
Executive and Federative Power?
1. It doesn't and can't possibly have absolutely
arbitrary power over the ● The first is the power to direct its
lives and fortunes of the people. commonwealth's actions and so need
to precede them.
2. The legislature or supreme authority cannot
give itself a power to rule by sudden, arbitrary ● But the function of federative power is
decrees. not to direct the actions of citizens
but rather to respond to the actions
3. The supreme court can't take from any man of foreigners.
any part of his property without his consent. - Locke believes that it is best for
They must not raise taxes on people's property. the executive and federative
powers to be combined.
4. The legislature cannot transfer the power of
making laws to any other XIII. OF THE SUBORDINATION OF THE
hands. POWERS OF THE COMMONWEALTH

XII. OF THE LEGISLATIVE, EXECUTIVE, ➢ The legislature is always the supreme power
AND FEDERATIVE OF THE of the commonwealth, but as the people created
COMMONWEALTH it to make laws for the common good, the
people may alter it when it does not act
A. Legislative of the Commonwealth according to that end.

● Have the right to direct how the force ➢ The community itself is thus the supreme
of the commonwealth shall be power, although only when the government
employed for preserving the community needs to be dissolved, not when it is still under
and its individual members. But it is not it. Within the government itself, the
always in existence. legislative power reigns supreme.
A. The Subordination of the Three
Powers: Legislative, Executive, and XV. OF PATERNAL,POLITICAL, AND
Federative DESPOTICAL POWER, CONSIDERED
TOGETHER
➢ The executive power is definitely
subordinate to the legislative power as well ➢ Paternal Power
as accountable to it, and can be changed at the ● Locke emphasized that parents have a
legislature’s will. responsibility to nurture and educate their
children, but this authority should be
➢ The person who has both is called "supreme exercised with restraint and in the best interests
executioner of the law" instead of of the child's development.
"supreme legislator."
● The paternal is a natural government, but
➢ The federative power is likewise not at all extending itself to the ends and
subordinate to the legislative. jurisdictions of that which is political. The
power of the father does not reach at all to the
property of the child, which is only in his own
disposing.
XIV. OF PREROGATIVE
➢ Political Power
A. The Prerogative Power ● According to Locke, political power is
derived from the consent of the governed. He
● Which refers to the discretionary asserts that individuals, in a state of nature,
power that rulers have to act for the possess natural rights, including the rights
public good beyond the law when to life, liberty, and property. In this state of
necessary. nature, individuals are free and equal, but
- Locke argues that rulers there may be conflicts over property and
possess this prerogative power security.
to ensure the preservation of
society and the protection of its ● Political power is that power, which every man
citizens' rights. having in the state of nature, has given up
into the hands of the society: and therein to
the governors, whom the society hath set over
itself, with this express or tacit trust, that it shall
B. Limitations on Prerogative Power be employed for their good and the preservation
of their property.
➢ Consent of the Governed to Govern
➢ Despotical Power
➢ Purpose of Preservation - The Prerogative ● Locke argues that despotical power is
power should preserve Life, tyrannical and oppressive because it lacks
Liberty and Property constraints and accountability. In a
despotic regime, the ruler exercises unchecked
➢ Rule of Law - The Prerogative power should authority over the lives and liberties of the
always respect the fundamental people, without regard for
principles of justice and legality their natural rights or their consent. Despotic
rulers often suppress dissent, violate property
➢ Accountability to Public - Prerogative power rights, and impose their will
should not be exercised in through coercion and fear.
secret or without public scrutiny.
● Despotical power is an absolute, arbitrary XIX. OF THE DISSOLUTION OF THE
power one man has over another, to take away GOVERNMENT
his life, whenever he pleases.
➢ After the dissolution of an unjust government,
Locke suggests that individuals have the right
XVI. OF CONQUEST to establish a new government that is
founded on the consent of the governed and
➢ Conquest the subjugation and assumption dedicated to the protection of natural rights.
of control of a
place or people by use of military force. ➢ This new government is established to
- He argues that conquest alone does not serve the interests of the people and is
create legitimate political authority. accountable to them.

➢ Limits of Conquest - Conquest is as far from ● The conditions that may lead to the
setting up any government, as demolishing a Dissolution of Government:
house is from building a new one in the place. - Violation of Natural Rights
Indeed, it often makes way for a new frame of a - Tyrannical Rule
commonwealth, by destroying the former; but, - Breach of the Social Contract
without the consent of the people, can never - No consent from the governed
erect a new one. - Failure to protect the natural rights of
individuals, including life, liberty, and
XVII. OF USURPATION property

➢ Usurpation - refers to the unjust seizure or


exercise of power. Recitation Information
● A tyrant seizing power or a legitimate A. Right VS. Freedom or Liberty
ruler exceeding their authority, - Right:inherent to human nature
usurpation deprives individuals of - Freedom or Liberty: protected
their right to self-governance and by the government
violates the social contract. - Ex: Right to vote; Free to
choose whoever they want.
➢ Right to resist - Individuals have a natural B. Stateless VS. Alien
right to resist and oppose usurpation. - Stateless: no longer citizen of
one nation because you already
XVIII. OF TYRANNY removed all the right
(punishment)
➢ Tyranny - is the exercise of power beyond - Alien: new to foreign country,
right, which nobody can have a right to. new to policies and else,
- And this is making use of the power any everyone can be alien; limited
one has in his hands, not for the good of rights only.
those who are under it, but for his own C. Dual citizenship VS. Dual Allegiance
private separate advantage. - Dual citizenship: citizen of two
countries; somehow permitted
➢ The Right to Resistance - people have the - Dual Allegiance: loyalty to two
right to resist and, if necessary, overthrow the countries; not permitted can
tyrannical regime to restore their rights and cause chaos or war
establish legitimate government based on
consent.

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