Introduction to Politics-II 1

Module-1: Liberty
Notes

e
Unit-1.1: Meaning and Importance

in
1.1.1 Definition of Liberty
1.1.2 Meaning of Liberty

nl
1.1.3 Features of Liberty
1.1.4 Types of Liberty

O
1.1.5 Essential Safeguards to the Concept of Liberty
1.1.6 Relevance of Liberty in Contemporary Society
1.1.7 The Indian Perspective

ty
Unit-1.2: Negative Liberty
1.2.1 Negative Liberty: A Conceptual Paradigm

si
1.2.2 The Internal Standpoint
1.2.3 The External Standpoint
1.2.4 Contradictory Viewpoints on Negative Liberty
1.2.5 Negative Liberty: The Liberal Ideal
r
ve
Unit-1.3: Positive Liberty
1.3.1 Definition of Positive Liberty
1.3.2 Paradox of Positive Liberty
ni

1.3.3 Positive Liberty in Terms of Content Neutrality

1.3.4 Positive Liberty: The Need of the Hour
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 2 Introduction to Politics-II

Unit-1.1: Meaning and Importance

Notes

e
Objectives:

in
At the end of this unit, you will be able to comprehend:

●● Definition and Meaning of Liberty

nl
●● Features and Types of Liberty
●● Essential Safeguards to the Concept of Liberty

O
●● Relevance of Liberty in Contemporary Society
●● The Indian Perspective

Introduction

ty
The word ‘Liberty’ is derived from the Latin word ‘Liber’ which means ‘free’. In this
sense liberty is freedom from limitations and the freedom to perform as one likes. Though,
in a civil society such a meaning of Liberty is taken to be destructive and harmful.

si
Of all the rights which are measured fundamental for the development of the
Which is the most important character of the individual, the right to liberty happens to be most respected and
right?
r
appreciated. In fact without liberty, i.e. without the freedom to enjoy one’s privileges,
there can be no real right offered to the people. Liberty, as such, is the most precious
ve
and loved right of the people.

It is only in a forest that freedom from restraints is accessible to animals. In a civil

society no person can be really allowed to act without restraints. Therefore, Liberty is
ni

taken to mean the absence of not all limitations but only those restraints which are held
to be irrational.

Rule of Law: All the individuals should be under the same laws and bound by
U

same sorts of obligations. No one should be above law.

Economic Equality: Equitable and reasonable circulation of income, wealth and

resources and sufficient prospects for lively-hood are important safeguards of Liberty.
ity

Safeguards of Liberty Without economic equivalence, there can be no real enjoyment of liberty.

Well Organised Interest Groups and Non-government Organisations: One

very indispensable safeguard for Liberty is the presence of well-organised interest
groups and non-governmental organisations or voluntary social service organisations
m

i.e. Civil Society. These types of organisations can act unitedly for fight all desecrations
of liberty.

All these circumstances are necessary for securing Liberty of every person.
)A

1.1.1 Definition of Liberty

Liberty is a whole absence of restraint, cannot exist. We cannot live together
without joint rules. The presence of common directions of behaviour is the consequence
(c

of our companionability. If someone chooses to do all according to the wish, regardless

of the interests of others that live in, there is likely to be perpetual conflict in social
conditions of chaos and disorder. Such a society does not provide freedom for anyone.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 3

Liberty as essential condition for the enjoyment of rights: Liberty is the

Notes

e
most necessary condition for the enjoyment of rights. It is not the non-appearance
of restraints. It is the positive circumstance for the enjoyment of rights. It admits the
occurrence of such rational restraints as satisfy the test of historical experience and

in
reason. Laski has said, “has evolved for us rules of convenience which promote right Historical evidence
living and to compel obedience to them is a justifiable limitation of freedom.”

nl
So by liberty we mean freedom to do the whole thing provided it does not harm
others’ freedom. It implies necessary restraint on all to guarantee the greatest possible
extent of liberty for each. In this sense, Liberty can be maximised only when there are
reciprocated respect and goodwill and all track a simple rule of social behaviour.

O
Do unto others as you would have others do unto you. This simple rule of man’s
friendliness tends to harmonies his liberty with that of his companions. It entails such
limitations as reasonable and necessary to encourage and ensure the greatest possible

ty
amount of liberty.

Reasonable restrictions do not destroy liberty: Reasonable restrictions do

not abolish liberty. It is destroyed only when such restraints are arbitrary and unfair.

si
If restrictions embody an experience that can be followed and accepted, liberty is
not endangered. It is really enhanced if anyone is not allowed to rob another person,
commit murder or suicide or drive on the wrong side and irresponsibly or park the
r
vehicle in the middle of the road or prove to be a public nuisance by any actions, or
ve
creative impulses do not suffer a frustration.

Consequently, the law is the condition of liberty provided the prohibition it imposes
is built on the wills they affect and are not arbitrary and unpredictable. But liberty is not
a sheer negative condition. It has a positive trait, too, which is, indeed, significant and
ni

essential. Liberty can exist only when the State maintains those conditions which help
the citizen to rise to the full stature of his character. It involves the prospect for many-
sided cumulative development, which consists of:
U

●● the capacity to act;

●● availability of an effective range of choices;
●● the ability to act subsequent to one’s own personality, without having to make
ity

a great strength at self-denial or self-control and without being subjected to

external restrictions.
According to Laski, “Liberty is the eager maintenance of that atmosphere in which
men have the opportunity to be their best selves.”
m

It establishes the enjoyment of those rights and the creation of such chances as
help man grow to be the best of himself, develop his faculties and plan his life as he
considers best. The true test of liberty lies in the laws of the State and the point to which
)A

they help a citizen to develop all that is good in him.

Liberty is a product of rights. It prospers best where rights are guaranteed to all
without unique sex, creed, caste, colour or status in society.
(c

Popular Definitions of Liberty:

Some of the popular definitions are:

Amity Directorate of Distance & Online Education

 4 Introduction to Politics-II

“Liberty is the freedom of individual to express, without external hindrances,

Notes

e
his personality.”
G.D.H Cole -

in
“Freedom is not the absence of all restraints but rather the substitution of
rational ones for the irrational.”
Mckechnie -

nl
“Liberty is the existences of those conditions of social life without which no
one can in general be at his best self. Liberty is the eager maintenance of that
atmosphere in which men have the opportunities to be their best-selves.”

O
Laski -

1.1.2 Meaning of Liberty

ty
The word ‘liberty’ is derived from ‘liber’. The root of ‘liberty’ is another two words
‘libertas’ and ‘liberte’. ‘Liber’ means “free”. Liberty is usually used in the case of
individual and freedom refers to superior entity such as freedom of a country.

si
But this discrepancy does not always hold good. For example national liberation
movement of Africa or Latin America. Here, emancipation is used to denote freedom or
liberty. In political science, however, the identical use is the general practice.
r
The term liberty is related with two other words toleration and liberation. Toleration
ve
Liberty cannot be means to permit other men to do their duties and even if that creates difficulty to some
disconnected from toleration that should be tolerated. It is because the liberty of one is constraint to others and vice
versa. Naturally, if one does not endure others’ actions, the people cannot have liberty.
So we can say that liberty cannot be disconnected from toleration.
ni

Similarly, in recent years we observer the emergence of another word which

is a variation of liberty it is liberation. Today the words ‘liberation movement’ are very
repeatedly used. When a nation is under foreign authority it cannot be called a free
U

nation so also the citizens it is used in general sense are not free.

There is large number of classifications of liberty or freedom. In our day-to-day

speech or conversations we use the term to mean absence of restraints or limitations
ity

or obstacles. When we find that a distinct is free to do as he likes it will be assumed that
he is permitted, that is, he has liberty.

Prof. Harold Laski’s definition is well-known and oft-quoted. “By liberty I mean the
eager maintenance of that atmosphere in which men have the opportunity to be their
m

best selves”.

Heywood says that philosophers and political scientists do not use the term in
Difference between how identical sense. The philosophers use it as a property of the will. It is primarily a matter
)A

philosophers and political of mind and psychology. By contrast, the political scientists use the term in different
scientists use the term liberty
senses. It is connected with values, development of mind and inherent qualities of
individuals. It also denotes a congenial atmosphere in which men will be able to flourish
their good qualities.
(c

D. D. Raphael views freedom as the scope to select the required alternative from a
number of alternatives. If this scope or opportunity is not available to the individual that
will mean the absence of freedom. Hence liberty is an atmosphere where individuals

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 5

will face a number of choices and they will pick up one or more according to their
Notes

e
requirement. He further maintains that freedom is the absence of restraints. Raphael
further says that freedom means to carry out what one has chosen to do. This sense is
generally used in political science.

in
Theme of Liberty: The theme of liberty is fundamentally connected with the theme
of rights. It is the establishment of rights with their due implementation by the state

nl
that confirms freedom to a citizen and thereby permits him to seek the best possible
development of his character.

The meaning of liberty generally taken an incorrect way as it is recognised with

O
the absence of restraints and limitations. No man can be absolutely free. In the sense
of unrestricted freedom liberty is not possible in the social order. Thus observed, liberty
means man’s right to do what he wants for the sake of making the best probable
development of his personality.

ty
Social life is controlled by a set of principles or norms that make man’s life refined.
These restraints lay down the line of difference between good and bad, right or wrong,
moral and corrupt, legal and illegal. The real meaning of liberty should be stated with

si
this point in view that the liberty of a discrete is relative to that of others.

Liberty, Sovereignty and Law: Liberty does not mean the lack of all limitations

r
legitimate or illegitimate. Nor does liberty mean unrestricted freedom to do whatsoever
one likes to do. Liberty means the individual can perform as he pleases without being
ve
under any type of illogical or illegal restraint or regulation.

Liberty does not mean the total absence of all laws. Liberty exists only in an
ordered state. The state structures law and the sovereign state operate over these
ni

laws. There is a close association between liberty, sovereignty and law. Though this
opinion seems sound yet a number of political thinkers do not agree to take it.

Views of Individualists, Anarchists and Syndicalist: Syndicalist and Anarchists Do not agree that there is a
U

maintain that more influential the state more curtailed and confined will the distinct close association between
liberty be. Hence, they wanted to eradicate the state. liberty sovereignty and law
William Godwin, a well-known anarchist opines, “Law is an institution of the most
ity

pernicious type”. In the eighteenth and nineteenth centuries, the individualists inferred
liberty in their own way. They regarded the regulation of the state as damaging to
the individual and, so supported the confinement of the power of the state. But the
individualist doctrine gave rise to dangerous after effects in England when this doctrine
was applied. Now it is unanimously accepted that laws are the protectors of liberty.
m

Law is the Condition of Liberty: Liberty concludes to exist in the absence of law.
“Where there is no law there is no freedom”, says John Locke. Hence, the existence of
law is indispensable for the existence of liberty. It is the law that shields liberty. In the
)A

absence of law the individual will have to look for the help of might in order to defend
his liberty.

And there will be ‘might is right’. In the absence of laws anarchism will prevail in
society and people will decadent into primitive savages who lived in the state of nature
(c

as explained by Hobbes.

Law is the Protector of Liberty: Liberty is protected by law in three ways.

Amity Directorate of Distance & Online Education

 6 Introduction to Politics-II

All law provides amiable atmosphere for the smooth running of sophisticated life in
Notes

e
society. Law reprimands the criminals and protects the rights of the individuals.

Laws guarantee the pleasure of individual rights and duties and defend them. The state

in
How does law protect reprimands the individual who causes harm to others and hampers the path of others.
liberty?
Constitution is the protector of liberty. It is only the constitution that limits the
authority of the state and defends the fundamental rights of the people.

nl
Views of Idealists: Idealists preserve that liberty lies in the obedience to law.
Liberty ends to exist in the absence of laws. Hegel maintains, “State is a march of God
upon earth and it is the highest expression and organ of social morality”. Rendering to

O
idealists obedience to law is obedience to real will.

Does every law protect liberty?

ty
Does every law protect Now the question that arises is whether every law can protect liberty or not. During
liberty? the British rule many laws were outlined which aimed at devastating the liberty of
Indians, for example, Rowlett Act, Safety Act, Bengal Regulation of 1818 Vernacular

si
Press Act, 1318, etc., were made for crushing liberty.

Indians raised a call of objection against these laws and fought against the
application of these laws. Gandhiji hurled Satyagraha against the Salt Law. Thus, it is
r
rather very clear that every law is not the protector of liberty. If the laws are prepared for
ve
the noble purpose of endorsing the common welfare, they safeguard liberty.

Sometimes even in democratic nations such laws are framed as are deadly against
the public belief and against the spirit of common welfare. The public protests against
these laws and carries out peaceful protest march. If the good laws are framed, the
ni

public observes them in full spirit. It is our duty to follow these laws since without
obedience to laws, we cannot appreciate our liberty. In dictatorship laws are imposed
mercilessly. This imposition of laws on the people makes the public hopeless.
U

What are good laws? The laws which pay due regard to the essence of liberty are regarded as good
laws. Gettell has, very aptly remarked in this respect, “Sovereignty carried to the
extreme becomes tyranny and destroys liberty and liberty carried to extreme becomes
anarchy and destroys sovereignty.”
ity

Liberty - Core of a Law: The lawmakers while framing a law always have to keep
in mind the liberty which each individual of this republic holds. The laws and the duties
of a citizen should at no time come in clash with the liberty of an individual. In the recent
system of state, the idea of liberal state has come up with a responsibility to hold up the
m

regular liberty of an individual in legal and political terms which comprises the absence
of restrictions and impositions from any power.
)A

There is no liberty where judicial power is not disconnected from both legislative
Why should judiciary be and administrative power. If judicial and legislative powers are not detached, power
disconnected from over the existence and liberty of citizens would be subjective, because the judge would
executive and legislative? also be a lawmaker. If it were not detached from executive power, the judge would have
the strength of an authoritarian.
(c

The real connection between law and liberty lies in the settlement of the opposite
views. Liberty without law will debase into a licence. Law without liberty is only

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 7

repressive in nature and protects the welfares of the law-giver. Law generates a helpful
Notes

e
condition, a affable atmosphere where an individual gets the prospect for the fuller
development of his internal potentiality. Where law ends, oppression begins and without
a well-organised life liberty has no meaning.

in
Law devoid of liberty will not bring order but disorder. Liberty is the main constituent
of a law both have to balance each other if a law has to mark the society in a positive

nl
way. Law is the protector of liberty as it penalises those persons who contravene laws.
Sometimes the laws are the supporter of individual liberty as this presentation of labour
laws provide sufficient wages to the workers, fixing a working hour, assure pensionary
benefits and compensation in the experience of an accident to the workers. Thus, such type

O
of laws protection the workers interests against the evil projects of the selfish employer.

1.1.3 Features of Liberty

ty
Liberty is well-defined by Mahatma Gandhi as, “Liberty does not mean the
absence of restraint but it lies in development of liberty.” According to John Seeley,
“Liberty is the opposite of over-government”.

si
The meaning of liberty has two magnitudes of negative and positive. In a negative
sense, it infers the absence of limitations as far as possible. Negative liberty intended
that there should not be any interference in the path of one’s actions. Here, the point of
r
stress is that restriction is bad, because it effects reduction of individual freedom.
ve
Features/Nature of Liberty: These are as follows:

(i) It does not mean the lack of all restraints.

(ii) It admits the presence of rational limitations and the absence of illogical
ni

restraints.
(iii) It postulates the existence of such circumstances as can enable the people to
enjoy their rights and progress their personalities.
U

(iv) It is not an authorisation to do anything and everything. It means the freedom to

do only those things which are measured worth-doing or worth-enjoying.
(v) It is possible only in a civil society and not in a state of nature or a ‘state of
ity

jungle’. State of anarchy can never be a state, of Liberty.

(vi) It is for all and means the presence of adequate opportunities for all as can
enable them to use their rights.
m

(vii) In society law is an essential condition of liberty. Law preserves conditions

which are necessary for the enjoyment of Liberty by all the people of the state.
(viii) It the most fundamental of all the rights. It is the condition and the most essential
)A

right of the people and enjoys priority next only to the right to life.
In current times, the positive view of liberty stands fully and comprehensively
recognised as the real, accepted and really creative view of Liberty.

1.1.4 Types of Liberty

(c

1. Natural Liberty: Usually the concept of natural liberty has been very common.
Natural liberty is taken to mean the satisfaction of unrestrained natural freedom.
Amity Directorate of Distance & Online Education
 8 Introduction to Politics-II

It is reasonable on the ground that since man is born free, he is to like freedom
Notes

e
as he wills. All limitations negate his freedom.
The social contractual lists of Hobbes, Locke and Rousseau supported the

in
cause of natural liberty. Rousseau became well-known for his words: “Man is
born free, but is in chains everywhere.” It is universally believed that man has
assumed the right to liberty from nature. Natural reason is the base of liberty.

nl
Though, the concept of natural liberty is now measured to be an unreal one.
There can be no actual freedom in a state of nature or a ‘jungle society’.
Unrestricted freedom can create anarchy. It is only in an organised society

O
characterised by essential limitations based on laws and rules that real liberty
can be conceivable. Natural liberty can lead to a living grounded on the immoral
principle of ‘might is right’ or the ‘rule of muscle power’.
2. Civil Liberty: The liberty which every individual enjoys as a member of the

ty
society is named civil liberty. It is equally accessible to all the individuals. All
enjoy equal freedom and rights in society. Civil liberty is not uncontrolled liberty.
It is enjoyed only under some constraints of Laws and Rules that are imposed

si
by the government and society. Civil Liberty is the very contrasting of Natural
liberty. While Natural Liberty denounces the existence of restraints of any kind,
Civil Liberty receives the presence of some rational limitations imposed by the
State and Society. r
ve
Further, Civil Liberty has two main features:
(i) State guarantees Civil Liberty: Civil liberty is liberty under law. Law
prepares the conditions necessary for the gratification of liberty. However,
it abstains from creating hindrances in the way of enjoyment of liberty
ni

by the masses. It protects liberty from such hurdles and actions of other
men and societies can limit the equal liberty of all. The Laws of State
levies such rational restraints as are deemed essential for the enjoyment
U

of liberty by the individuals.

(ii) Civil liberty is for the protection of Rights and Freedom from
unjustified interferences: Civil liberty comprises the concept of limiting the
possibilities for destruction of the rights of the people by the administration.
ity

This is ensured by permitting and guaranteeing the fundamental rights

of the individuals. It also stands for providing constitutional and judicial
fortification to rights and liberty of the people.
3. Political Liberty: Good and sufficient opportunities for using political rights by
m

the individuals are defined as political liberty. When the individuals have the
freedom of involvement in the political process, it is held that they get political
liberty.
)A

Political of liberty includes the freedom to exercise the right to vote, right to
fight elections, right to have public office, right to criticise and compete with the
policies of the government, right to form political parties, interest groups and
pressure groups, and the right to change the government through constitutional
(c

means.
Laski observes, “Political liberty means the power to be active in the affairs of
the state.” Such a liberty is possible only in a democracy. The real exercise of
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 9

political rights by the people is a sure sign of the presence of political liberty and
Notes

e
democracy.
4. Individual Liberty/ Personal Liberty: Individual liberty means the freedom to

in
follow one’s requirements and interests as a person, but which do not clang with
the interests or requirements of others. The freedom of speech and expression,
freedom of habitation, freedom of movement, freedom of integrity, freedom of

nl
tastes and searches, freedom to choose any occupation or trade or occupation,
the freedom to relish the fruits of one’s labour, the right to personal belongings,
the freedom to profess or not to admit any religion, and freedom to accept or not
to accept any thought, all fall under the classification of individual freedom.

O
Though, all these freedoms are to be drilled in a way as does not hamper the
equal freedom of others as well as does not disrupt public order, health and
morality.

ty
(5) Economic Liberty: Laski defines economic liberty as, “The freedom from the
wants of tomorrow and availability of adequate opportunities for earning the
livelihood. It tands for freedom from poverty, unemployment and the ability

si
to enjoy at least three basic minimum needs — food, clothing and shelter.
Economic Liberty earns security and opportunity to find reasonable significance
in the earning of one’s daily bread”.
r
Economic Liberty can be appreciated only when there is liberty from hunger,
ve
starvation, poverty and unemployment. Definitely, it means the obtainability of
the right to work and acceptable opportunities for earning ones living. Without
fair economic liberty, political liberty turns out to be meaningless. When the
individuals are not free from the fear of hunger, starvation and hardship they
ni

can never think of enjoying their rights and freedoms.

The allowance of economic liberty to the people ask for the grant of right to
work, right to rational wages, suitable opportunities for livelihood, right to rest
U

and leisure and right to economic safety in the old age.

(6) National Liberty: National liberty is alternative name for independence of the
nation. It means comprehensive freedom of the people of each state:
ity

(i) To get a constitution of their own;

(ii) To freely arrange their own government;
(iii) To freely accept their policies and programmes;
m

(iv) To follow independence in relations with all nations of the world;

(v) Freedom from outer control.
(7) Religious Liberty: It means the freedom to admit or not to profess any religion.
)A

It means the freedom of trust and worship and non-intervention of State in

spiritual affairs of the people. It also means equivalent status of all religions
to freely carry out their undertakings in society. Secularism asks for such a
religious freedom.
(c

(8) Moral Liberty: It means the freedom to act conferring to one’s conscience. It
stands for the liberty to work for obtaining moral self-perfection. Freedom to
follow moral values is moral freedom.

Amity Directorate of Distance & Online Education

 10 Introduction to Politics-II

Therefore, when one demands the right to liberty one actually demands liberty in all
Notes

e
these forms.

in
1.1.5 Essential Safeguards to the Concept of Liberty
1. Love for Liberty: Only when individuals are strongly in love with their liberty,
that liberty can be really protected. Liberty needs uninterrupted attempts on the

nl
part of the people to preserve their liberty.
2. Eternal Vigilance: The obligation of the people to secure their liberty and
their full attentiveness against any violation of their liberty is the second most

O
important precaution of liberty.
3. Grant of Equal Rights to All: For maintenance of Liberty, it is essential that
there should be no class of fortunate persons in society. Liberty can occur only

ty
when equal rights are established and guaranteed to all the people without any
judgment.
Grant of distinct privileges and rights to any class is always counter to the spirit of

si
liberty. However, grant of some distinct privileges to the underprivileged sections
of society (Protective Discrimination) is considered just and indispensable.
4. Democratic System: Formation of a democratic system is an crucial safeguard
r
of liberty. Both liberty and democracy are complementary to each other. We
cannot perceive of a democracy without the existence of civil, economic,
ve
political and individual
specific liberty. Likewise, in the lack of the right to freedom there
can be no actual democracy.
5. The Rights of one should not be reliant on upon the will of others: Laski
ni

proposes that the state must confirm that rights and freedoms of some people
should not be reliant on upon the will and contentment of others. The rulers and
ruled should both be beneath the rule of law.
U

6. Fair Governmental Action: For conservation Liberty, it is essential that the

government should exercise unprejudiced and impartial control over every
section of society. It must acts as an accountable and transparent government.
7. Protection of Fundamental Rights: One of the key techniques of maintenance
ity

of liberty is to include a charter of fundamental rights and freedoms in the

constitution of the State. Besides, judicial protection should be provided to
rights.
8. Independence of Judiciary: Judiciary should be allocated the responsibility
m

to defend all rights and freedoms of the people. For clearing such an important
purpose, the judiciary must be made independent and fully authorised.
)A

9. Separation of Powers: Separation of powers should be protected between the

legislature and executive. Judiciary should be completely separate from these.
Any combination of these powers can be hazardous for Liberty.
10. Decentralisation of Powers: For preservation of liberty against possible
authoritarianism, it is crucial that decentralisation of powers should be
(c

pretentious. The power of the government, mainly its executive branch should
be dispersed among a number of associations and these should be positioned
at all the three levels of government-local, provincial and national.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 11

1.1.6 Relevance of Liberty in Contemporary Society

Notes

e
Modern liberty includes both the support of particular rights of the individual,
such as civic and political liberty and the assurance of the general well-being through

in
democratically endorsed social legislation. The negative view of liberty is not valued in
the present times. Now individual liberty is sought to be resolved with state authority.
Limitations are essential if the state wishes to achieve the objective of public welfare.

nl
The positive thought of liberty admits that there must be obligation if liberty is to have
a applied meaning. It is a input of T. H. Green and he defines it as a positive power of
doing something that is worth enjoying in common with others.

O
Every state promises liberty in its own way. Liberty can be secured in the following
ways.

1. Enunciation of fundamental rights: The constitution expresses the powers

ty
of the government and sets a boundary to its action. The basic rights of the
citizen are evidently enlisted in the constitution and the desecration of it leads
to punishment.

si
2. Separation of judiciary from executive: Judiciary should be detached
from the supervisory and it should be unbiased also. Montesquieu observed
separation of powers as an essential protection of liberty. If the people cannot

r
safe speedy and unbiased justice, liberty is in danger.
ve
3. Decentralisation of power: Decentralisation of power also defends liberty.
Centralisation of control may lead to autocracy.
4. Political party system: An efficient party system always defends liberty by
averting despotism and exploitation of power.
ni

5. Rule of law: Rule of law infers equality before law and ends up discernment.
It upholds the maxim that all are equivalent before law comprising the ruling
class.
U

6. Free press: Laski considers the establishment of an honest and straight-

forward source of news is an essential condition of liberty. If the evidences are
not presented in their true features and are purposely perverted, the judgment
ity

will be distinct from the truth.

7. Eternal vigilance: The most significant safeguard of liberty is popular
observance. It has been said that “eternal vigilance is the price of liberty”.

1.1.7 The Indian Perspective

m

The idea of liberty came to the forefront of Indian political thinking with the contact
with the modern West, characterised by the intellectual contributions of Mahatma
)A

Gandhi and Manabandra Nath Roy. Gandhi’s idea of liberty was outlined in the idea of
swaraj, a multifaceted concept of the utmost significance in his thought.

Gandhi’s conception of liberty - Swaraj, literally meaning ‘self-rule’, was also

used by Gandhi to indicate national independence and the political, economic and
mystical freedom of the individual. As was the instance with the modern Islam, national
(c

liberation was closely related to the idea of liberty, meaning combined freedom from
alien rule. Gandhi, though, did not theorise it negatively.

Amity Directorate of Distance & Online Education

 12 Introduction to Politics-II

National independence, enclosed in the idea of swaraj, was not merely freedom
Notes

e
from foreign rule but also self-rule. Gandhi’s assurance to political freedom turned him
into a protector of rights, and yet he denied to base the peace and safety of collective
life on rights. He always placed individual duty (dharma) and communal and moral

in
interdependence over rights because, for him, rights were the results of the fulfillment
of duties. Gandhi measured e satyagraha (passive resistance) as the enactment of his
duties and hence also as a way of securing rights by personal anguish.

nl
Gandhi’s conception of liberty also demanded an economic dimension.It
denoted freedom from scarcity. He attacked the existing reality of poverty by working
voluntary poverty in order to demonstrate solidarity with the poor, while he condemned

O
technology-oriented development for its imperialistic exploitation of the people.

Although Gandhi positioned liberty in a political and economic context, his idea
of liberty was also spiritual Self-rule through the preparation of qualities toward self-

ty
realisation. Gandhi’s originality lies in the fact that to the notion of unworldly freedom,
which was derived from the traditional Indians and he added political, economic and
social dimensions.

si
Growing intolerance in India: The problem of growing prejudice in India was
debated in the Parliament in this Winter Session as a persistent national concern
that meddled with the fabric of peaceful co-existence, which is a crucial determining
r
characteristic of the Indian state.
ve
In contemporary Indian politics, the word ‘intolerance’ can be interpreted as an
umbrella term that comprises the problems of Communalism, Casteism and regional
repression in India. If one is to look more thoroughly, the phenomenon of prejudice in
today’s context is interchangeable with the term ‘elitism’. It is used only when a group
ni

of people consider themselves larger than others, they place themselves in the position
of power from which they can choose to endure or not to tolerate others. Elitism, in its
extreme always slips into intolerance.
U

Today, in India, there are three forms of intolerances that spate our socio-political
system –

●● Region-based intolerance
ity

●● Caste-based intolerance
●● Religion-based intolerance
The problem of regional elitism has been the ancient in the Indian context. In
spite of the notions of ‘Bharatvarsha’ being devised and propagated in the ancient
m

Indian history, itseems to have been regional sovereignties that have sustained in
the traditional reminiscence of India right up to the contemporary times. Even today,
regional discernment against the rights of the states, at times develops an unfortunate
)A

manifestation of the working of the government.

Cast factor: However, in India caste became a describing factor, which over time
preserved into a major political element in the modern Indian society. Government of
India’s Anthropological Survey of India, carried out a series of publications titled ‘The
(c

People of India’which identified 2800 castes including 450 SC, 461 ST and 766 OBC.
It was concluded that “Caste continues to be the basic building brick of Indian society”.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 13

Religion: The most dangerous form of elitism is when it is based on religion. In

Notes

e
the recent western Uttar Pradesh riots, the invigorated fervour in relation to the Babri
Masjid issue, the zeal associated with cow protection, and the deaf ears with which the
administration met with the intellectuals of the nation are all pointers in the direction of

in
the fact that indeed the communal currents are once again on the increase in the Indian
nation.

nl
If one is to notice, the increase of religious elitism, it can be outlined from 1920s
onwards when the program of tabligh (propaganda) and tanzim (organisation) were
engaged by the Muslim League and those of shuddhi (purification) and sangathan
(organisation) were occupied by the Arya Samajists and their followers. Ever since then,

O
religious elitism invigorated its medieval fervor only now with the help of contemporary
tools and mediums of publicity, bureacratisation and the mass media.

All three forms of intolerances joint have created an atmosphere in the nation

ty
where there is ostensible liberty, but one doesn’t feel that valiant liberty and freedom
that the nation pursues to bestow upon its citizens.

It must be recalled that Constitution of India was initiated on the principles of

si
positive liberty and the obligation as well as a clear understanding of the theoretical
distinctions between positive and negative freedoms is essential to the understanding of
the important character of modern democracies in overall and that of India particularly.
r
In conventional philosophical tradition, the variance between negative and positive
ve
liberty was presented by Isaiah Berlin in one of his lecture “Two Concepts of Liberty.”
According to Berlin, “Negative liberty could be understood by answering the question: “What
is the area within which the subject—a person or group of persons—is or should be left to
do or be what he is able to do or be, without interference by other persons?” That is to say
ni

that negative liberty seeks to define an area within which citizens can be left free without
intervention from the state – i.e. there is a boundary within which, the state may allow the
people to do as they please but only as long as the boundary is not crossed.”
U

A common instance of negative liberty would be of a child left within a room

who is permitted to do whatever, so long as he or she does not step out of the room.
A state have a tendency towards negative liberty may have freedom, but it may offer
ity

the ‘freedom to remain silent’, more often. On the other hand, the idea of ‘positive
liberty’ pursues to treat citizens as mature adults who may cross any path, except
for a few constrained ones and as long as they do not hinder the others. It seeks to
produce a boundary for restrictions, separating the rest as an open field for liberty to
be implemented. The positive liberty principle says: “Here are the things that one may
m

not do and beyond this all citizens are free to do as they please as long as it does not
infringe upon the right of another. It is due to the commitment to the concept of positive
liberties, that democracies promise to offer their citizens freedom of speech, the right to
)A

exercise their faith and the right against exploitation.”

In short, these are the rights that make existing in a democracy in India so
valuable. As the long sustained movements right from India’s fight for freedom to the
Telangana drive have found people who have given away their whole lives just in order
to secure some of these important human liberties for their public.
(c

Though, when the state begins to describe, guide and even restrict the substance
of education that will be communicated through the textbooks when it begins to give

Amity Directorate of Distance & Online Education

 14 Introduction to Politics-II

preference to a specific religious group or a specific region of the nation while limiting
Notes

e
the liberties of the others. The state begins to workout negative liberty which invisibly
ushers the nation into a culture of prejudice and elitism. It begins to produce boundaries
around people away from which they are rendered unable to think, let unaided act. The

in
nationality is then reduced to the child who may by no means step out of room and no
longer rests the free-spirited mature adult who can express their own path for progress.

nl
In a state like India where the socio-political situation is marked by a muddle of
overlapping and rival interest groups, it becomes the responsibility of the community,
the community and the constituency to fight not just for liberty, but for positive
liberty. It also becomes the duty of the mass media and the intellectuals, as has also

O
been advocated by the renowned thinker Noam Chomsky, to ‘call the bluff’ of any
organisation pretending to serve negative liberty in place of a positive one, so that a
democracy like India can never be destined in the shackles of a frame that plays one

ty
interest group beside the other and can instead stay free to choose the way in which it
pursues to make its own mark in the modern world.

So, not just any liberty, but positive liberty is the answer to the rising intolerance in

si
India.

Check Your Understanding

1. r Intolerance
The most dangerous form of _________________is when it is based on religion.
ve
2. Intolerance
The word ___________________can be interpreted as an umbrella term that
comprises the problems of Communalism, Casteism and regional repression in
India.
3. judiciary
______________should be detached from the supervisory and it should be
ni

unbiased also.
4. Protected
Separation of powers should be _____________between the legislature and
executive.
U

5. Grant of distinct privileges and rights to any class is always counter to the spirit
of___________________.
Liberty

6. Social contract theory

The _______________________of Hobbes, Locke and Rousseau supported the
ity

cause of natural liberty.

Summary
The system of procedures which a specific country or community recognises as
m

variable the actions of its members and which is going to enforce by the imposition of
fines. Law is that set of rules and regulations which guides the society. It’s important
for the society so as to take care of equality and sustain equity. The role of law is also
)A

to maintain peace and a society freed from chaos. A law has got to be the rule that
is accepted by the society or there would be conflicts among people having different
opinions and diverse social groups.

Law plays a crucial part in bringing a few positive changes within the society
which is concentrated on the mixing of the society. This alteration is the result of the
(c

modernisation of the society as a social change was the necessity of the hour. The
history may be a proof of the very fact that whenever the society changes and how it

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 15

is working, law is the answer. From the abolition of sati system to child marriage and
Notes

e
untouchability all the positive changes are possible due to law. Liberty is that state of
being free within civilisation from oppressive restrictions forced by authority on one’s
way of life, behaviour, or politics. It is one among the foremost important fundamental

in
rights of a person which affects the liberty of his individuality. Liberty is required in a
society to make a way of freedom among the people to place up their thoughts and this
establishes a higher level of intellectual, spiritual and economic thinking that is helpful in

nl
the development of a state.

Laws are made to defend individual’s liberty from the authoritarian powers. In
the Indian Constitution Liberty is stated in the preamble as the Constitution of India

O
will shelter the liberty of thought, expression, belief, faith and worship of the Indians.
A society can nurture a higher level of personal perfection when individual rights are
protected and sure.

ty
When dissenting thoughts and dissenting lifestyles are not just accepted but
fortified, a society can lay the foundation for a rich ferment of spiritual conceptualisation
and expressions that can end in a higher level of spiritual assessment, philosophical

si
adventures, and personal perfection.

Activity
1. r
Prepare a list of the rights that make existing in a democracy in India so valuable.
ve
Glossary
1. Liberty: the ability to do as one desires to do
2. Autoritarian: enforcing strict obedience towards authority at the cost of personal
ni

freedom.
3. Untouchability: the practice of excluding a group of people regarded as
‘untouchables’, as ascribed as persons of ‘low caste’ Casteism: discrimination
U

on the grounds of caste.

4. Repression: a kind of holding back or holding down, a kind of supression
5. Elitism: is the belief or notion that individuals who form an elite or a select group
ity

of people perceived as having an intrinsic quality, high intellect, wealth, special

skills, or experience.

Questions and References

m

1. ‘Liberty is an essential condition for the enjoyment of rights.’ What do you

understand by the statement?
2. How is Liberty protected by law? Elucidate.
)A

3. Elaborate the various types of Liberty.

4. How can Liberty be denoted in the Indian perspective?
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1706&context=
faculty_scholarship#:~:text=Phrased%20another%20way%2C%20the%20
(c

requirement,the%20ideology%20of%20the%20message.
https://www.mtsu.edu/first-amendment/article/1003/neutrality-speech

Amity Directorate of Distance & Online Education

 16 Introduction to Politics-II

https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/
Notes

e
caelj15&section=17

Further Readings

in
1. Rethinking Positive and Negative Liberty by Maria Dimova-Cookson2. Positive
and Negative Liberty

nl
3. Personal Autonomy: Beyond Negative and Positive Liberty by Robert Young
4. Liberty: Positive and Negative
5. How did negative liberty become a liberal ideal? By Efraim Podoksik

O
Answers to Check your Understanding
1. elitism

ty
2. intolerance
3. Judiciary

si
4. protected
5. liberty
6. social contractual lists
r
ve
ni
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 17

Unit-1.2: Negative Liberty

Notes

e
Objectives

in
At the end of this unit, you will be able to comprehend:

●● Negative Liberty: A Conceptual Paradigm

nl
●● The Internal Standpoint
●● The External Standpoint

O
●● Contradictory Viewpoints on Negative Liberty
●● Negative Liberty: The Liberal Ideal

Introduction

ty
In its negative sense, Liberty is comprehended to mean an absence of restraints. It
means the freedom to act is any of the ways. In this form, liberty becomes a license of

si
doing anything. Such a meaning of liberty can never be established in a civil society.

In modern times, negative conception of liberty stands prohibited. Negative liberty

is freedom from interfering by other people. Negative liberty is principally concerned
r
with freedom from outer restraint and contrasts with positive liberty i.e. the possession
ve
of the power and resources to fulfil one’s own potential.

For a lot of people in the world, freedom is a concept that is honoured in different
forms, as someone keeps faith in a religion respects it in the form of freedom from sins.
Though it is clear enough that the notion of freedom is assumed in different forms,
ni

the term is acquainted to most in this way that it is the lack of obstacles, barriers or
restraints that is called negative freedom.

One has negative liberty to the degree that actions are obtainable to one in this
U

negative sense. Positive liberty is the chance of acting or the fact of acting in such a
way so as to take hold of one’s life and realise one’s fundamental determinations. While
negative liberty is generally attributed to individual agents, positive liberty is at times
attributed to collectivities, or to individuals measured primarily as members of given
ity

collectivities.

There are two dissimilar ways of thinking about the notion of negative liberty:

●● On one hand, one can think of negative liberty in the outer view that is entitled
m

the external negative liberty.

●● On the other hand, one can think of negative liberty in the inner sense that is
entitled the internal negative freedom.
)A

A noteworthy amount of discussion between libertarian and non-libertarian political

thinkers has to do with the dissimilarity between negative and positive liberty. These two
methodical terms within political philosophy play a large role in influencing the limits of
permissible state action and establishing just what the state exists to do in the principal
place.
(c

Negative liberty is freedom from intrusion by other people. Negative liberty is

primarily apprehensive about freedom from external restraint and contrasts with

Amity Directorate of Distance & Online Education

 18 Introduction to Politics-II

positive liberty. The distinction was introduced by Isaiah Berlin in his 1958 lecture “Two
Notes

e
Concepts of Liberty” where he called these two concepts of liberty negative and positive
respectively.

in
The reason for using these labels is that:

●● Liberty seems to be just an absence of something i.e. of obstacles, barriers,

constraints or interference from others.

nl
●● Liberty seems to need the presence of something i.e. of control, self-mastery,
self-determination or self-realisation.
One has negative liberty to the magnitude that actions are obtainable to one in

O
this negative sense. Positive liberty is the probability of acting or the fact of acting in a
way so as to take control of one’s life and realise one’s fundamental purposes. While
negative liberty is typically attributed to individual agents, positive liberty is at times

ty
attributed to collectivities, or to individuals measured primarily as members of given
collectivities.

The variance between the two concepts is of the difference between factors

si
that are external and factors that are internal to the mediator. While thinkers of
negative freedom are chiefly interested in the degree to which individuals or groups
undergo interference from external bodies, theorists of positive freedom are more

r
observant to the internal factors affecting the degree to which individuals or groups act
unconventionally.
ve
1.2.1 Negative Liberty: A Conceptual Paradigm
A negative theorist can add the specification that judgments of implication have
ni

to be made and still hold on to his essential claim freedom just is the lack of external
obstacles. The meaning of wanting certain purposes more is that if it means those
purposes are more important, the claim is true but hollow. If on the other hand it means
U

that those resolutions are more urgent or more wanted, the claim is simply false since it
is of the most predictable experience that “the purposes we know to be more significant
are not always those which we desire with the greatest urgency to encompass, nor the
ones that actually always win out in cases of conflict of desires.”
ity

These judgments of importance are quite independent of the strength of the

respective needs.

An essential difference here between persons and other beings is to be found

in the structure of a person’s determination. Human beings are not alone to nurture
m

desires and motives and in making choices. It seems to be typical characteristic of

humans, although that they are capable of forming ‘second-order desires’. Besides
wanting and selecting and being moved to do this or that, people may also want to have
)A

or not to have certain desires and aims. They are capable of wanting to be different, in
their preferences and determinations, from what they are.

The point here that when a more significant desire as that of wanting to perform
better in studies is thwarted by a less important one that of wanting to sleep or
(c

attending a party. We might legally think that the latter is an obstacle and that we would
be at liberty without it.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 19

Now consider the circumstance in which there are two conflicting wishes, that of
Notes

e
wanting to do well in education and the other of wanting to party , one of which, we
disclaim and feel as though it is not truly ours. To feel that a desire is not truly ours is
precisely to think of it as mistaken, irrational, or inappropriate; that the import or the

in
good it supposedly gives us a sense of is not a genuine import or good.

Freedom of the human being can be hemmed in by internal, motivational obstacles,

nl
in addition to outer ones. This is because credits of freedom make sense against a
background sense of more and less substantial purposes which, we have seen can be
unsatisfied by our own desires where these are adequately based on appreciation such
that we contemplate them as not really ours, and understand them as fetters.

O
The features of the two viewpoints are different in some significant respects as
follows. They are diverse in this way that in the external sense of negative liberty, many
such as Isaiah Berlin have faith that people can be free once they do not have any

ty
external problems in their life. In this approach, the level of people’s liberty depends on
the degree of chance that exists in a society.

For liberal thinkers like Berlin, the main aim in the case of freedom is, “The large

si
chance for citizens to choose what they want. The technique to give the large chance
to citizens is opening the society by removing of all restrictions. It means citizens
achieve their freedom by taking away their chains which come from something such as
government’s interferences.” r
ve
It is apparent that the internal view of negative liberty in appraisal with the external
view of that is altered on account of two main reasons.

1. Chains are different in the two perspectives as one considers barriers as an

ni

external issue and another one sees them as an internal.

The external view the concept of negative liberty is put forth as the best
type of liberty. But negative liberty in the internal view at the best form can
U

be introduced as a step to move forward in respect of liberty. Isaiah Berlin

mentioned, “Comparing the internal view of negative liberty that is closely
matched the standpoint of Erich Fromm is not considered in the external view
of negative liberty that is made clear. This contrast is since the matter of the
ity

internal analysis of negative freedom is typically associated with some aspects

of humankind such as his/her view of self, the view of self that is understood
in the way of separation. The matter of the external view of negative liberty
is not mainly connected to some features of human being such as sense of self
m

which is in the internal view of negative liberty.”

1.2.2 The Internal Standpoint

)A

To clarify the concept of negative liberty in the new viewpoint that is called the inner
sense of negative freedom, some philosophers’ points of view such as the thoughts of
Erich Seligmann Fromm, who is one of the eminent German thinkers, are so beneficial.
In this approach, although people are free in the condition of negative liberty, they are
not pleased under such condition. Their hostility is because they have to give up their
(c

own safety that they had before that. That is, by unraveling one from out their previous
orders they cannot feel safety as like as before they had. This is because they end their
own safety that was the result of the absolute sense of belonging by the act of splitting.
Amity Directorate of Distance & Online Education
 20 Introduction to Politics-II

The concept of negative liberty in the internal side that’s connected to

Notes

e
unconstrained state and loneliness is comparable to the dialectical feature of humanity
evolution within the direction of liberty. This sort of negative liberty is nearly opposite

in
to what Isaiah Berlin says about negative liberty. The other is on account of the two
different perspectives of negative freedom. With reference to Fromm’s viewpoint, the
matter of the difficulty within the internal view is associated with the personality of an
individual and therefore the separation process during which s/he may pass it in his or

nl
her life rather than other things. For recognising the issue of negative freedom in the
inner sense, it must not be ignored that we want to deal with different aspects of the
matter. For doing that, the researcher attempts to describe it based on three categories

O
that include awareness, loneliness and the transition.

Firstly, when a person becomes aware of himself as an individual without the

emotion of belonging to others, he would practice the internal sense of negative

ty
liberty. This aspect shows how one is aware of himself from other ones by emerging
consciousness. In such a case, a person would know himself from others progressively.
Namely, one can more recognise the differences between himself and others once he
knows more about himself.

si
Thus, one can be free in the inner view of negative liberty once he experiences an
individual and unpretentious understanding of himself by starting of his consciousness.
r
Here, he can have a diversity of chances to choose because his feeling as an entity
could be helpful to develop him/her. This means, the consciousness of humanity as an
ve
individual is a very significant issue in the separation process for them.

Now, the main point is that the experience of parting from others is not equal
to liberty in common. Based on Hannah Arendt’s point of view, “Liberty cannot come
ni

into sight if a person is simply left unaccompanied. And also it is criticised seriously by
her not only when she talks about the enthusiasm of liberals for individualism but also
when she explains liberal concern for the danger of mass society.”
U

Such negative freedom, for her, is not honest view because she believes that
liberty cannot be possible when humanity is unaccompanied. In the inner view of
negative liberty, a person can differentiate him from other ones but he is not yet able
to be self-governing completely and is not able enough because his consciousness
ity

is restricted only to identify separation instead of knowing the potentialities include the
rationality, emotions and so on.

Hence, one cannot be so wise as to make good choices when they live in the
internal sense of negative liberty. Besides, this condition causes a dreadful feeling of
m

loneliness, sorrow and powerlessness which will clarify in the next characteristic of such
perception of negative freedom.

Secondly, the characteristic of the negative liberty in the internal viewpoint is

)A

the lack of safety. Actually, by cutting the possessions with others on account of
consciousness, the feeling of safety could be damaged. Fromm believes to the point to
which one becomes mindful of being alone, of being an entity distinct from all others,
would recognise how he is powerless. This separation which is overwhelmingly tough
(c

and powerful and often threatening and unsafe, creates a feeling of powerlessness
and apprehension.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 21

Fromm says, “When a person is unaware of the possibilities and responsibilities of

Notes

e
individual action, one does not need to be afraid of it. In contrast, when one becomes
aware of his or her individuality, s/he stands alone and faces the world in all its
perilous and overpowering aspects.”

in
By this type of realisation, humanity must deal with the issues of powerlessness
and the absence of safety that they had before the realisation. Struggling to be as a

nl
separate entity forces a person to risk losing somewhat such as the security. In fact,
when one attempts to know himself as a separate being, they could have the bad
impacts of loneliness. The strong feeling of fear and helplessness that makes one
nearly incompetent to think undoubtedly is instantaneous with the kind of change in

O
which one could lose the primary ties and so they part from others to a great extent.

Therefore, humanity in the process of becoming separate would feel the trouble
of being alone, insecurity, faltering, and a bit like that. This is correct that the growing

ty
faltering and uncertain feeling of an individual in the society causes the decreasing
feeling of protection and security.

Finally, the negative liberty in the internal sense is the part of this situation. Thus,

si
the aim of this part is to answer this question: “What is the role of negative freedom
in the internal view?” It is not deniable that the state of humanity is so challenging in
dealing with the issue of negative freedom in the inner perspective.
r
This condition provides an unstable situation for humanity because they are afraid
ve
of aloneness, inability, etc. that come out from their aforesaid awareness. In fact, this
thought of liberty largely has simply the role of transition as an alternative of stable role.

According to Fromm, “So as to get rid of negative liberty that is full of fear and
anxiety for a person two ways can be imagined. One is progressing from negative
ni

freedom to another state. Another one is returning to previous state.”

These ways can be more described as follows. At the first trial, to dispose of
U

negative liberty in the inner sense by making their condition better than that, i.e. a
prodigious self-sufficient situation. This way can be perceived as the type of individual
liberation which is an appropriate technique for arranging of such negative liberty. At the
second trial, one cannot tolerate the unfriendly situation of negative liberty since of
ity

the fear of being alone, apprehension, and so on. Consequently, they escape from such
situation by returning to their earlier order.

Internal Negative Freedom: In the inner perspective, negative liberty can be

observed not only as the unconstrained condition for a person but also it causes the
m

sense of being alone. It is required to know that such condition can be existing if a
person releases him or herself from each tie that can come from tradition, religion, and
so on. Furthermore, the feeling of being alone signifies the individual situation in which
one views oneself too helpless and alone.
)A

For recognising the issue of negative freedom in the internal sense, it must not
be ignored that we require to deal with different aspects of the issue. These three
categories include:

●● Awareness
(c

●● Loneliness
●● Transition
Amity Directorate of Distance & Online Education
 22 Introduction to Politics-II

In the internal view of negative liberty, one can distinguish oneself from other
Notes

e
but are not yet able to be self-governing entirely. They are not able enough because
their consciousness is limited only to know their separation instead of knowing their
potentialities include their rationality, emotions and so forth.

in
1.2.3 The External Standpoint

nl
The External Negative Freedom: External negative liberty can be comparatively
recognised according to some theorists. Some interfering in people’s behavior such as
administration intervention that influences people to act something under compulsion is

O
translated as the cause of problem for negative liberty.

Negative liberty describes freedom as the absence of restraints or the non-

restriction of options and chances for action. This view maintains that negative freedom
is a state in which there is no the act of intrusiveness. The external viewpoint of

ty
negative liberty can be accepted as the conception of opportunity. This view is correct
not only because it is the situation in which an individual can be liberated from any
power over him/her but also because it aids him or her to benefit from their ventures.

si
The term of external negative liberty can be comparatively recognised according to
some theorists such as Isaiah Berlin. As he argues that “Freedom or liberty is involved
in the answer to the question ‘What is the area within which the subject -a person or
r
group of persons-is or should be left to do or be what he is able to do or be, without
ve
interference by other persons?”

Direct intervention is identical with the issue of freedom for the traditional liberals.
Namely, some interfering in people’s behavior such as government interference
that persuades people to act somewhat under pressure is translated as the cause of
ni

difficulty for negative liberty.

In this case, April Bernard defines negative freedom by dealing with the idea of
U

Berlin in this way that, “Negative liberty defines freedom as the absence of constraints
or the non-restriction of options and opportunities for action.” This view maintains that
negative freedom is a state in which there is no the act of intrusiveness.

As an example, the external perspective of negative liberty can be recognised as

ity

the conception of chance. This view is true not only because it is the state in which
people can be unconventional of any power over them but also as it helps him or her to
value from their chances. In this case, the meaning of the declared power implies the
kind of influence that can stop subjects from doing what they wish. Here, such control
m

is conflicting to the outside sense of negative liberty. Viz., in this state, the point is not
how subjects have the profit of their situation or the degree of that but the degree of
chance is important.
)A

From the lookout of Hannah Arendt on the notion of negative freedom, the
external conception of negative liberty can be in a different way observed in evaluation
with Isaiah Berlin. In this case, Arendt makes this point that one can be lively in the
free situation once they are free from the biological supplies of life such as food by
technology. In fact, negative liberty as the synonym of being free from ordinary supplies
(c

rather than being free from human interference was viewed.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 23

Hannah Arendt’ point of view about freedom is so important in this way that it is not
Notes

e
merely as like as what Berlin talk about negative liberty. In disparity, her standpoint on
liberty is not as dissimilar as possible from what Berlin argues about negative freedom
or Hobbes attitude on liberty that is recognised as the lack of opposition that means

in
external obstructions of motion. In particular, Hannah Arendt believes, “When there was
no the industrial progress in a society, only the privileged few had no problem with the
shortage of basic foodstuffs in such society. Rather, the few numbers of societies such

nl
as rulers were free from biological needs by forcing their subjects to prepare the basic
necessities in order to live. They can force others to labor for them, and they can very
well decide merely to use and enjoy the world of things without themselves adding a

O
single useful object to it; the life of an exploiter or slave holder and the life of a parasite
may be unjust, but they certainly are human.”

Consequently, two views on the negative freedom can be notable as follows:

ty
●● It insists on the concept of negative freedom as the unrestricted of choices
or options to act easily which is the most important resemblance of the
two views. In fact, those approaches view the notion negative liberty in the

si
external viewpoint that can be just in the non-restrained state.
●● Each approach has the different indulgence of what is mentioned as the non-
restrained situation.
r
Isaiah Berlin talks about difficulty as, “It is the act of human interfering such as
ve
rulers’ coercion because his study on negative liberty concerns the free state of persons
when there is no governmental interference or something like that”. On the contrary,
Hannah Arendt concerns the difficulty of humanity as, “It is the biological problem in the
case of negative liberty because for her the basic natural needs are the main reason of
ni

boundaries on the behavior of humankind.”

The idea of negative liberty as per Isaiah Berlin can be analysed as the state in
which one can get away from regulatory upper power or its restrictions. Therefore, if
U

there is no any act of inquisitiveness from some ones such as authorities in subjects’
behavior or at least there is the absence of such interfering, they are mainly free
because they have a great free situation. In this case, for Charles Taylor opines, “The
opportunity-concept can be translated into the external sense of negative liberty and
ity

vice versa because being free, in this approach, is a matter of what one can do, of what
it is open to him/her to do, whether or not s/he does anything to exercise these options.”

This is quite clear that all limits to the freedom of choice cannot be understood
as the violations of human liberty but some of them such as living in poverty harm
m

negative liberty in the external outlook. In fact, when one lives in poverty, one is limited
because of the lack of biological supplies.

Nigel Warburt on ‘Arguments for Freedom’ by referring to the viewpoint of

)A

Berlin argues that, “It might have seemed to follow from Berlin’s account of negative
freedom that poverty couldn’t count as a limitation on individual freedom. True, poverty
effectively locks many doors. But these doors aren’t necessarily locked by other
people’s actions; poverty may haveother, non-human, causes. It may be due to the
effects of freak weather conditions leading to famine; or perhaps to sudden illness
(c

or accident. Whether or not poverty is to count as a limitation of negative freedom

depends entirely on the causes of the poverty in question.”

Amity Directorate of Distance & Online Education

 24 Introduction to Politics-II

He also argues when one “is too poor to buy a loaf of bread as a consequence of
Notes

e
other people’s actions, then, whether these other people intended this effect or not, his
freedom has been curtailed. But if his poverty is a result of non-human causes, such
as a drought-induced famine, or some natural disaster, terrible as his plight might be, it

in
would not limit his negative freedom”.

Based on what was stated, answering the following questions is indispensable

nl
to clarify the subject of external negative liberty. How is one allowed to take part in
several dissimilar activities according to such liberty? What is the association between
the liberty of people and their conceivable options?

O
The degree of being free within the external sense of negative liberty is largely
related to the amount of possible options which are present in a society. Besides, the
type of options or activities which are feasible for one to pick or do is so considerable
because a number of them could also be more significant than other ones.

ty
According to Isaiah Berlin, “Liberty in this sense is principally concerned with
the area of control, not with its source. Just as a democracy may, in fact, deprive the
individual citizen of a great many liberties which he might have in some other form

si
of society, so it is perfectly conceivable that a liberal-minded despot would allow his
subjects a large measure of personal freedom”.

r
Here, it must be noted that the contemporary paper talk about the type of freedom
that is connected to a political society in its place of the nature of the world. For
ve
example, it is about the situation of a society in which a small group of leaders and
the majority of people act towards each other. Precisely, if humanity is not able to
do a bit only because of their natural characters, this incapability is not the matter of
this paper.
ni

This is best demonstrated in the words of Claude Adrien Helvetius, “It is not lack of
freedom, not to fly like an eagle or swim like a whale. That is, the inability of humanity to
fly such as a bird or swim such as a fish does not evidently mean they have no liberty.”
U

Isaiah Berlin also puts the point in similar terms: “Coercion is not, however, a term
that covers every form of inability. If I say that I am unable to jump more than ten feet
in the air, or cannot read because I am blind, or cannot understand the darker pages
ity

of Hegel, it would be eccentric to say that I am to that degree enslaved or coerced.

Coercion implies the deliberate interference of other human beings within the area
in which I could otherwise act. You lack political liberty or freedom only if you are
prevented from attaining a goal by human beings. Mere incapacity to attain a
m

goal is not lack of political freedom.” Moreover, Berlin argues that “Liberty in this
sense is simply the area within which a man can act unobstructed by others. If
I am prevented by others from doing what I could otherwise do, I am to that degree
unfree; and if this area is contracted by other men beyond a certain minimum, I can be
)A

described as being coerced, or, it may be, enslaved.”

The aforementioned negative liberty can be elucidated in this manner that it

is a time or situation which people can take advantage from and act if they can
benefit, i.e. there are simply a lot of choices. Specifically, the maximum level of choices
(c

for the members of a society is deciphered as the external negative liberty. In this
situation, the matter is not that the people can gain the maximum or minimum of
welfares from their options or not. According to Isaiah Berlin, “The freedom of which
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 25

I speak is opportunity for action, rather than action itself. If, although I enjoy the right
Notes

e
to walk through open doors, I prefer not to do so, but to sit still and vegetate, I am not
thereby rendered less free.”

in
By being free in a society Berlin means, “It is not being interfered with by others.
Indeed, the wider area of non-interference persuades the wider liberty for people. In
this view, the reason of authoritarianism, for Berlin, related to the type of situation in

nl
which someone such as a leader imposes their repression on their subjects directly or
indirectly. Consequently, if anyone or group of people who govern a country or state
tighten restrictions on their subjects to prevent them from acting or making decision,
they limit the liberty of citizens; and this is strongly acceptable even if citizens do not

O
have any desire to do something.” One has been deprived of liberty if they are kept
somewhere as a convict even in their home as they must stay there. Evidently, this is
true even if they do not wish to leave their place since it is as like being under house

ty
arrest. This approach interprets the concept of negative liberty as the circumstance in
which one is allowed to do or say whatsoever they want without being regulated by
anyone or anything. This scrutiny of negative liberty can be recognised as an external
view of that. Besides, it can come up simply when there is no struggle due to the

si
impediments.

To be precise, this view denotes to the condition that there is nothing to bound

r
or control what people can do in respect of social problems. By mentioning to the
external negative freedom, the aforesaid arguments emphasis on the importance of the
ve
policies for the negative liberty is done. In other words, negative freedom in the exterior
view can come into view in this way that it is acknowledged as the situation in which an
individual can choose the way of his or her life freely.
ni

Here, it is significant to know that such selection is connected to the situation of

an individual instead of his or her. In common, this perception of negative liberty linked
with liberal ideas. For example, Isaiah Berlin as one of liberal thinker who talks about
negative liberty as the government which is freed from diverse control such as political
U

control that means one can be so free if more unrestricted.

In fact, negative freedom in the outer sense should be chiefly backed by several
main things such as political control in a society. Namely, the outer view of negative
ity

liberty prompts legal rights such as liberty of movement, freedom of speech, etc.
that are frequently in democratic societies. In this case, one is at liberty if many
opportunities and choices are provided.
m

1.2.4 Contradictory Viewpoints on Negative Liberty

For many people in the world, freedom is an choice that is honoured in different
forms. For example, someone who trusts in a religion respects it in the custom of
)A

freedom from sins. While it is clear enough that the concept of freedom is assumed in
different forms, the term is acquainted to most in this way that it is the lack of obstacles,
barriers or constraints that is named negative freedom by Isaiah Berlin.

Doctrines of negative freedom are, otherwise, opportunity-concepts. That’s to say,

(c

for them, being at liberty is a matter of what we can do, of what it is exposed to us to do,
whether or not we do whatever to exercise these options.

Amity Directorate of Distance & Online Education

 26 Introduction to Politics-II

Berlin states, “Negative liberty is involved in the answer to the question ‘What is the
Notes

e
area within which the subject—a person or group of persons—is or should be left to do
or be what he is able to do or be, without interference by other persons?”’

in
Within this tradition of thought, Berlin argues, ”Liberty accompanies the negative
goal of warding off interference to possible choices. Experiencing freedom requires that
the individual can do or be what he or she wishes, with what is available or potentially

nl
available, without the impediment of other individuals or groups of individuals.”

Berlin explains, “If I am prevented by others from doing what I could otherwise do, I
am to that degree unfree.” Thus, negative liberty is that area within which the individual

O
is at liberty from human interference, in the pursuit of paths to possible choices or
actions, and if that area is violated by others, “[the individual] can be described as being
coerced, or, [he or she] may be, enslaved.”

ty
Coercion, the key impediment to experiencing freedom within this tradition of
thought, is not an unlimited term encompassing “every form of inability”; rather, Berlin
argues, to be coerced is to face, within the area in which the individual could otherwise
act, “the deliberate interference of other human beings.”

si
Can accidental coercion as the result of deliberate action be ignored as an
impediment to an individual’s freedom?

r
Berlin, in response to his critics, writes in the “Introduction” to Four Essays on
ve
Liberty that the consequence of deliberate action, “intended or unintended,” may
deprive individual liberty; “although only if such acts are deliberately intended... will they
be liable to be called oppression.”

This comment suggests that Berlin recognises the unintended consequences of

ni

deliberate action as an inhibition to individual liberty, though not, as C.B. Macpherson

writes, “as the highest degree of depravation, namely ‘oppression.’”

Thus, while Berlin acknowledges the possibility of unintended coercion, he fails to

U

accompany it with any change in the original text, which still reads that the individual’s
freedom is determined by “how far possibilities of choice are closed and opened by
deliberate human action.”
ity

Berlin is well aware of the consequences of opening his analysis of the negative
freedom situation to unintentional coercion, thus choosing to avoid this specific debate.
“It becomes clear, however, that for negative liberty to be at stake, what is needed is
not coercion as the result of deliberate intention as such, but instead the alterability of
m

social states and human responsibility for them.”

Further, as Macpherson notes, Berlin is justified on basis of his interpretation that

is demonstrated on classical English philosophies which usually limit coercion to the
)A

measured interference of the state, forces of social conformity, or the offense of one
individual by another, and not upon the involuntary coercion of others. At any rate,
Berlin concludes, “I am said to be free to the degree to which no man or body of men
interferes with my activity that is my own and not imposed upon me.”

Sir Isaiah Berlin’s conception of negative liberty assumes an active political barrier
(c

neighboring that sphere of private life within which the individual may act deprived of
being interfered by others. That liberty, nevertheless, is often difficult to recognise.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 27

Carried to its logical limits, David Spitz suggests, “negative liberty implies one or both of
Notes

e
two things:

(a) that the free man is one who lives alone, for when he lives in society he inevitably

in
collides and thus interferes with other men; or
(b) that the free man is one who can interfere as much as he might like with other
men, for the principle of non-interference would prohibit the imposition of any

nl
restraints even upon one who would hinder the activities of another.”
This proposition notes the on-going problems that classic negative liberty has to
face in defining that area of non-interference. L J. MacFarlane, in his review of “Two

O
Concepts of Liberty,” notes that Berlin “fully admits the difficulty of defining such
an area.”

In response to this obvious argument, Berlin wastes little time, arguing, “Negative

ty
liberty could not be unlimited, because if it were, it would entail a state in which all men
could boundlessly interfere with other men.” In such a Hobbesian state of nature where
life is “nasty, brutish, and short” only the strong would be free, leading to “social chaos

si
in which men’s minimum needs would not be satisfied.”

Berlin argues that unlimited negative liberty would undoubtedly lead to social
chaos, or rule by the strongest. He would agree with David Spitz. “It is necessary,”
r
Spitz admits, “that some liberties be curtailed—either in the service of other goals (e.g.,
ve
security, happiness, varying degrees of equality) or in the cause of certain freedoms
deemed to be more valuable than others.”

In these terms, freedom becomes an epitome. Negative liberty is a decisive end

in itself, but not the end of humanity. It is actually a value, or a goal among others. In
ni

this way, that area in which the individual is free to chase independent choices, legal
or social, must be protected through restraints levied upon those who would, without
such limit, create obstacles within those paths to potential action. This creates a glaring
U

paradox: “restraints restrict freedom, but without restraints there can be little or no
effective freedom, at least not for most men.”

Negative freedom is concerned with fortifying the proper balance, or amalgamation

of liberties and restraints that secure, at least, a minimum area within which open paths
ity

are accessible to the individual. From this it follows, Berlin writes, “that there ought
to exist a certain minimum area of personal freedom which must on no account be
violated.”

This suggestion, central to Berlin’s clarification of the negative idea of freedom,

m

suggests that a line must be marked between that area of private life and public
authority, as Berlin argues, “if it is overstepped, the individual will find himself in an area
too narrow for even that minimum development of his natural faculties which alone
)A

makes it possible to pursue, and even to conceive, the various ends which men hold
good or right or sacred.”

1.2.5 Negative Liberty: The Liberal Ideal

(c

Negative liberty is the belief used to claim protection against redundant state
interference into citizens’ private and personal life and settlements and contracts
they make with others. It is a specific view about what is essential to protect against

Amity Directorate of Distance & Online Education

 28 Introduction to Politics-II

constrictions on freedom. What we need is the lack of coercion, regulation and

Notes

e
interference by the state and other entities. In this view, Martha Albertson Fineman calls
the ‘myth’ of autonomy as individual separation and freedom from others and from the
state that is treasured

in
“Autonomy connotes on an ideological level that an individual who conforms
to the dominant notions of independence and self-sufficiency is both freed from the

nl
prospect of regulatory government action and freed through governmental structures
from interference by other private actors. The freedom through the government is the
non intervention point stated in positive terms – the right to be let alone is also the
guarantee of privacy. In establishing and adhering to a norm of non intervention and

O
regulation for those individuals deemed self-sufficient, the state grants them autonomy.”

Classical liberalism is a political philosophy and a branch of liberalism that

promotes civil liberties under the rule of law with a stress on economic freedom.

ty
Connected to economic liberalism, it was established in the early 19th century, building
on concepts from the earlier century as a reaction to urbanisation and to the Industrial
Revolution in Europe and North America.

si
Notable liberal entities whose ideas contributed to classical liberalism comprise John
Locke, Jean-Baptiste Say, Thomas Robert Malthus and David Ricardo. It portrayed on
classical economics, especially the economic ideas as adopted by Adam Smith in Book
r
One of The Wealth of Nations and on a belief in natural law, development and utilitarianism.
ve
Core beliefs of classical liberals had new ideas which separated from both the
older conservative notion of society as a family and from the later sociological idea of
society as a complex set of social networks. Classical liberals believed that individuals
are “egoistic, coldly calculating, essentially inert and atomistic” and that society is no
ni

more than the sum of its individual members.

Classical liberals approved Thomas Hobbes opinion that government had been
created by individuals to guard themselves from each other and that the resolve of
U

government should be to minimise conflict between individuals that would otherwise

ascend in a state of nature.

Drawing on ideas of Adam Smith, classical liberals assumed that it is in the

ity

collective interest that all individuals be capable to secure their own fiscal self-interest.
They were analytical of what would come to be the impression of the welfare state as
intrusive in a free market.

Classical liberals claimed that individuals should be free to gain work from the
m

highest-paying employers while the revenue motive would ensure that goods that
people wanted were produced at prices they would pay. In a free market, both labour
and capital would obtain the greatest possible reward while production would be
)A

organised efficiently to see to the consumer demand.

Classical liberals debated for what they called a minimal state, restricted to the
following functions:

●● A government to guard individual rights and to offer services that cannot be

(c

given in a free market.

●● A national defence to provide protection against foreign intruders.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 29

●● Laws to provide security for citizens from wrongs committed against them
Notes

e
by other citizens, that involved protection of private property, enforcement of
agreements and common law.

in
●● Building and conserving public institutions.
●● Public works that included a constant currency, standard weights and
measures and building and maintenance of roads, canals, harbours, railways,

nl
communications as well as postal services.
Classical liberals declared that rights are of a negative nature and therefore specify
that other individuals and governments are to abstain from interfering with the free

O
market, conflicting social liberals who proclaim that individuals have positive rights, as
the right to vote and to an education, the right to health care and the right to a corporeal
wage. For society to assurance positive rights, it requires taxation over and above the
minimum desirable to enforce negative rights.

ty
Negative liberty is the lack of obstacles, barriers or restraints. One has negative
liberty to the magnitude that actions are accessible to one in this negative sense.
Political liberalism inclines to presuppose a negative definition of liberty as liberals

si
generally claim that if one favours individual liberty one should place strong limits on
the undertakings of the state. Critics of liberalism often challenge this implication
by contesting the negative definition of liberty as they argue that the chase of liberty
r
is understood as self-realisation or as self-determination and may require state
intervention of a type not normally allowed by liberals.
ve
Fundamental beliefs of classical liberals did not essentially include democracy or
government by a majority vote by citizens because “there is nothing in the bare idea
of majority rule to show that majorities will always respect the rights of property or
ni

maintain rule of law”.

Check Your Understanding

U

1. Negative liberty is ________from intrusion by other people.

2. _________of the human being can be hemmed in by internal, motivational obstacles
in addition to outer ones.
ity

3. The characteristic of the negative liberty in the internal viewpoint is the__________.

4. Direct intervention is ________with the issue of freedom for the traditional liberals.
5. The degree of being free within the __________________of negative liberty is
largely related to the amount of possible options which are present in a society.
m

Summary
Negative and positive rights are the ones that oblige either inaction i.e. negative
)A

rights or action i.e. positive rights. These commitments may be of either a legal or moral
character. The conception of positive and negative rights may also be functional to
liberty rights.

Conception of positive and negative freedom had assimilated certain shape

(c

before Berlin’s lectures introduced them into political science. It has been concluded
that ‘freedom from’ and ‘freedom to’ tend to clash with each other, as noticed by Isaiah
Berlin . However, close link amid them cannot be denied.

Amity Directorate of Distance & Online Education

 30 Introduction to Politics-II

In order to safeguard the freedom of education, the state needs to restrict forcing
Notes

e
foreign ideas of education i.e. negative freedom and provide means to be able to offer
education according to one’s needs and wishes i.e. positive freedom.

in
The freedom of religion is a case that not only does restriction of favouring any
religion need to be executed, but also measures to freely practice one’s chosen religion
have to be presented.

nl
Freedom of speech as the negative freedom stance is that no one should restrict
one’s efforts to speak their mind and positive freedom supplements that one’s efforts to
do so should be supported.

O
Each modern political ideology needs to create their position to the stated
freedoms and does so through their political packages. As a rule of thumb, the left
of the political spectrum embraces positive liberty in high remarks although the right

ty
focuses the utmost on negative aspect of freedom. In the incident of two main parties in
America, Democratic and Republican, the former supports for positive liberty while the
latter calls for valuing and preserving negative freedom.

si
Positive and negative freedom need to be composed since overload of positive
freedom inclines to lean towards totalitarian notions while inadequate both negative
and positive liberty indicates to social inequality and as a result, social discontent

r
and dissatisfaction with the state leading a given country. Taking those features into
consideration, one may question and debate where the balance between those two
ve
features of freedom is. The answer is not easy and needs in-depth analysis of both
economic health of a country as well as the clearness of its procedures and actions.

Activity
ni

1. Search and compile contradictory viewpoints on Negative Liberty.

Glossary
U

1. Constraints: a limitation or restriction.

2. Hostility: an unfriendly state, attitude or action
3. Prodigious: remarkably great in extent, size, or degree.
ity

4. Contradictory: mutually opposed or mutually inconsistent.

5. Epitome: that is a perfect example of a particular quality or type.

Questions and References

m

1. Distinguish between in detail the Internal Standpoint and the External Standpoint.
2. Mention the two main reasons that demonstrate the internal view of negative
)A

liberty in appraisal with the external view.

3. Give an example showing that the external perspective of negative liberty can
be recognised as the conception of chance.
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1706&context=
(c

faculty_scholarship#:~:text=Phrased%20another%20way%2C%20the%20
requirement,the%20ideology%20of%20the%20message.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 31

https://www.mtsu.edu/first-amendment/article/1003/neutrality-speech
Notes

e
https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/
caelj15&section=17

in
Further Readings
1. Rethinking Positive and Negative Liberty by Maria Dimova-Cookson

nl
2. Positive and Negative Liberty
3. Personal Autonomy: Beyond Negative and Positive Liberty by Robert Young

O
4. Liberty: Positive and Negative
5. How did negative liberty become a liberal ideal? By Efraim Podoksik

Answers to Check your Understanding

ty
1. freedom
2. Freedom

si
3. lack of safety
4. identical
5. external sense
r
ve
ni
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 32 Introduction to Politics-II

Unit-1.3: Positive Liberty

Notes

e
Objectives

in
At the end of this unit, you will be able to comprehend:

●● Definition of Positive Liberty

nl
●● Paradox of Positive Liberty
●● Positive Liberty in Terms of Content Neutrality

O
●● Positive Liberty: The Need of the Hour

Introduction
There is a widespread myth about the word ‘liberty,’ a myth propagated by

ty
philosophers from the ‘left’ and ‘right,’ by conservatives, radicals, modern liberals, and
classical liberals.

si
The myth begins with a distinction. Liberty takes two basic forms of negative and
positive. Negative liberty apprehends the absence of constraints, impediments, or
interfering. For instance, a person has liberty of property is understood as a negative

r
liberty and if others may not take her property or inhibit with her use of it. In contrast,
positive liberty apprehensions the power or capacity to do as one selects, or the power
ve
to act separately. A person has freedom of property if she actually owns and controls
some property.

Positive liberty is the ownership of the capacity to act upon one’s free will, as
contrasting to negative liberty, which is freedom from outside restraint on one’s actions.
ni

A thought of positive liberty may also comprise freedom from internal constraints.

Positive Liberty: In its positive sense, Liberty is taken to mean choice under
U

balanced and logical i.e. restraints which are rational and have stood upright the test of
time. It means liberty in the rational and necessary limitations imposed by law. These
limitations are considered essential for safeguarding the enjoyment of liberty by all the
people. In a civic society only positive liberty can be available to the people.
ity

Positive Liberty means the following two important things:

●● Liberty is not the absence of restraints; it is the substitution of irrational

restraints by rational ones. Liberty means absence of only irrational and
arbitrary restraints and not all restraints.
m

●● Liberty means equal and adequate opportunities for all to enjoy their rights.
The ideas of structure and agency are central to the perception of positive liberty
)A

because in order to be free, a person should be free from reticence of the social
structure in resounding out their free will. Organisationally, classism, sexism, ageism,
ableism and racism can hinder a person’s freedom. As positive liberty is chiefly
concerned with the ownership of sociological agency, it is enhanced by the aptitude of
citizens to participate in administration and have their voices, interests, and concerns
(c

accepted and acted upon.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 33

1.3.1 Definition of Positive Liberty

Notes

e
Positive liberty is almost the absence of internal limits and restraints, like greed,
lust ignorance, and so on. It expresses the rationality of the true soul that is uncovered

in
after internal restraints are detached. Strict laws must be in effect to prevent people as
of irrational acts.

●● laws against gambling (greed);

nl
●● laws against homosexuality (unnatural acts);
●● laws against adultery (lust).

O
Most orthodox theology, East and West, is originated on positive liberty. It has been
quoted as, “You shall know the truth and the truth shall make you free. The motto for
positive liberty is one must do what one ought (according to the natural law). Positive
liberty morally prescriptive; it has positive moral content.”

ty
Positive liberty refers to consuming the power and resources to act to fulfil one’s
own potential, as conflicting to negative liberty, which refers to freedom from restriction.
Inherent to positive liberty is the indication that liberty is the ability of citizens to join in

si
their government or in charitable co-operation in the case of radicals.

The positive idea of liberty is the central idea of social liberalism or ‘liberalism in the
United States, and distinguishes it from classic liberalism. It has also been a stimulus
r
on less-individualist philosophies as social democracy.
ve
Put in the meekest terms, one might say that a democratic society is an
unrestricted society as it is a self-determined society, and the members of that society
are free to the extent that they participate in its democratic process. But there are
also individualist submissions of the concept of positive freedom, such as government
ni

should aim actively to make the conditions necessary for individuals to be self-sufficient
or to attain self-realisation.
U

1.3.2 Paradox of Positive Liberty

Positive liberty is in the ownership of the capacity to act upon one’s free will, as
conflicting to negative liberty, which is freedom from peripheral restraint on one’s
ity

actions. A notion of positive liberty may also comprise freedom from internal constraints.

The concepts of structure and agency are central to the concept of positive liberty
because, so as to be free, an individual should be free from inhibitions of the social
organisation in completing their discretion. Structurally, classism, sexism, ageism, and
m

racism can inhibit an individual’s freedom.

As positive liberty is primarily concerned with the possession of the sociological

agency, it’s enhanced by the power of citizens to participate in government and have
)A

their voices, interests, and concerns recognised and acted upon.

The paradox of the positive liberty constitutes of control and perspective. Society
has always sustained itself by exploiting its outcasts. To shift that might require having
power and not wanting it.
(c

Freedom is usually understood because the ability to exercise one’s wishes free
from obstacles and barriers. This typical interpretation is understood as Negative

Amity Directorate of Distance & Online Education

 34 Introduction to Politics-II

Liberty. Another, conflicting perspective is that of Positive Liberty. Positive Liberty is

Notes

e
that the freedom to form decisions using one’s own individual conscience no matter
outside influence. For the philosopher Immanuel Kant, “The ability to make a decision
uninfluenced by your body’s desires and urges is the key to ultimate liberation. If you

in
are wholly subject to the deliverances of your senses, (alleviating pain or maximising
pleasure) then you would not be capable of freedom because every exercise of your will
would be determined by your senses and desires. If one is able to make a decision that

nl
is contrary to his desires but does so because it is the right thing to do, he has freed
himself from one of life’s most dominant influences.”

Unlike Negative Liberty which is resolute by an outside source, this idea of Positive

O
Liberty is an individual freedom from within, which the individual has the decisive power
to control. Somehow, the process of obtaining this personal liberty is rather paradoxical
because in order to be free one should suppress his desires, which is basically denying

ty
freedom to his senses. This paradox hazes the line in the middle of freedom and
restriction and demands the limits of both.

Many regard law as a damage of freedom as its process is constraint and

si
enforcement. Though the law itself may very well be a violation of Negative Liberty,
involvement in the law is an act of positive liberation. When selecting to follow the law,
one compromises his own needs for the greater good of society. It is the selection to

r
prioritise the improvement of society regardless of any disagreeing personal desires
that is truly liberating. This liberty is remarkably significant because it permits one to rise
ve
above the moral losses of his impulse.

Merely acknowledging positive liberty as an appreciated species of the genus

liberty does not require us to any particular view nearly what regime promotes it best.
ni

We share Berlin’s apprehension about giving governments a license to do whatsoever

it takes in order to endorse positive liberty. Many people reason that government’s job
is to guarantee that we attain a satisfactory level of liberty. Though, there is a difference
between ‘guaranteeing’ as interpreting inevitable versus ‘guaranteeing’ as when the
U

government states a firm intention.

Plainly, guaranteeing something in the concluding sense is no guarantee in the first

sense. A lot hinges on on what we want from our lives and from our societies, whether
ity

we want to be free to ascend or descent by our own merit, or whether we want to be

free from the perils and costs that go with personal responsibility. Much depends on
how powerful and unrestricted we want our government to be, which in part goes on
how confident we are that it will be used by, rather than in contradiction of our children.
m

Both negative and positive liberty matter a lot. Negative liberty matters in fragment
because it is a highly effective. It is imperfect way of promoting positive liberty. The
result of freedom of thought, or of association or of the division of labour within firms
)A

and of the specialisation of roles that grows between firms is that society becomes
an unbelievably complex web of cooperation, moving a bit extra from individual self-
sufficiency.

Although it may sound slightly paradoxical, this is actually a support to positive

freedom. Freedom in the positive sense can prosper along with the increasing intricacy
(c

of this web of interdependence.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 35

1.3.3 Positive Liberty in Terms of Content Neutrality

Notes

e
Content neutral denotes laws that apply to all expression without regard to the
substance or communication of the expression. Such laws usually regulate only the

in
time, place, and manner of speech in contrast to content-based laws, which adjust
speech based on content. This dissimilarity is important in First Amendment cases as
courts hold content-based laws to strict scrutiny. The highest form of judicial review

nl
holding content-neutral law is only to intermediate or mid-level is scrutiny.

In December of 2010, the FCC approved a network neutrality order mandating,

among other possessions, that ISPs allow content to be passed over their networks.

O
Supporters of network neutrality have called it the ‘First Amendment for the 21st
Century.’ Opponents have responded by quarrelling that it is the FCC’s network
neutrality order that interrupts the First Amendment.

ty
This ongoing argument has many legal and policy elements, but it seems to come
down to an ancient philosophical divide involving conflicting conceptions of liberty. In
his famous lecture, analytic philosopher Isaiah Berlin defined the two concepts of liberty
as negative and positive. To make simpler, negative liberty is freedom from external

si
interference. Positive liberty is freedom to do something, which includes having the
power and assets necessary to do that something.

r
Negative liberty means that no one may lawfully take my property away from me
without my approval. On the other hand, positive liberty would be that I have a right to
ve
health care which must be delivered for me if I cannot afford it on my own.

Essentially, positive rights, involve at least some suppression of the rights of

others. It would disrupt the rights of those who must deliver the health care without
ni

their consent, and also those who must deliver the means to pay for such health care.
Additionally, it would also invade upon other positive rights insofar as there are rare
resources available to pay for all such rights. It is also significant to note that Berlin
labelled a dangerous rhetorical similarity between demands for positive liberty and
U

validations for totalitarianism, because it permits those in power to argue their schemes
are just provided that true liberty for the people.

Equally, negative rights are compassable with one another, which mean all people
ity

could hold them concurrently. These rights apply only against provokers, i.e. rapists,
murderers and thieves and not against those who are concerning the rights of others.

Promoters of net neutrality promote a positive commencement of liberty.

Opponents of net impartiality promote a negative conception. Consequently, the two
m

sides talk past each other. Promoters argue that end-users should have the aptitude
to access anything on the internet by using the networks delivered by ISPs. This is a
freedom to surf the internet. Opponents claim that the ISPs have a right to achieve their
)A

networks, just as one would have the right to accomplish one’s own property according
to the terms and conditions one selects. This is a freedom from peripheral interference
with one’s network administration.

The First Amendment Case against Network Neutrality

(c

With few exemptions, our Constitutional rights embody the negative idea of
liberty. This comprises the right of free speech sheltered by the First Amendment.

Amity Directorate of Distance & Online Education

 36 Introduction to Politics-II

Unless there is government action involved, one would not be able to bring a positive
Notes

e
First Amendment challenge against alternative person for stopping them from
communicating.

in
Ironically, one of the biggest fears driving promoters of network neutrality is that
ISPs will use this editorial preference to limit the viewing selections of end-users. Yet
they reason that ISPs are mere conduits of speech and not analogous to newspaper

nl
editors. That ISPs do not usually restrict content is true. But what network impartiality
proponents fail to hold is that in a competitive market, ISPs cannot beneficially restrict
valuable content to end-users.

O
Much of the more contemporary work on positive liberty has been inspired by a
discontent with the ideal of negative liberty joint with an awareness of the possible
misuses of the positive concept so compellingly exposed by Berlin. John Christman,
for example, has claimed that positive liberty concerns the ways in which requirements

ty
are formed, whether as a outcome of rational reflection on all the options available, or
that of pressure, manipulation or unawareness. What it does not regard, he says, is the
comfort of an individual’s desires.

si
The elevation of positive freedom need not involve the claim that there is only one
correct answer to the question of how a person should live, nor need it permit, or even
be compatible with, a society compelling its members into given patterns of behaviour.
r
While the FCC and other promoters view network neutrality as the First
ve
Amendment of the 21st Century, it is not reliable with the First Amendment of the
Constitution. This is so because the Constitution’s idea of liberty is primarily negative,
dependable with the established liberalism of the Founding Fathers. Internet
enthusiasts need not fear this outset of liberty. In a free market, ISPs who wish to make
ni

money will always be subject to the wishes of consumers.

It remains to be seen, that what a state can do, to promote positive liberty without
intruding on any individual’s sphere of negative liberty brings in conflict between the
U

two standards that seem to survive his alternative analysis, although in a milder form.
Even if we rule out compelling individuals into specific patterns of behaviour, a state
interested in endorsing autonomy in Christman’s sense might still be permissible
ity

considerable space for interference of an informative and educational nature, perhaps

subsidising some activities and financing this through taxation.

Liberals might disapprove this on anti-paternalist grounds, protesting that

such measures will require the state to use assets in ways that the supposedly
m

heteronomous persons, if left to them, might chose to spend in other ways. Some
liberals will make an exemption in the case of the education of children, but even here
other liberals will object that the right to negative liberty comprises the right to decide
how one’s children should be cultured.
)A

Freedom can mean diverse things. Here we’re apprehensive about political
freedom. Isaiah Berlin distinguished between a concept of negative freedom and a
concept of positive freedom.

“What are the limits of individual freedom in a civilised society? Should we tolerate
(c

unlimited freedom of speech, no matter how offensive the views expressed? Can the
state ever be justified in interfering with what consenting adults choose to do in private?

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 37

When, if ever, is coercion acceptable? Are all laws obstacles to freedom, or are they
Notes

e
the very condition of achieving it? Should we sometimes force people to be free, or is
that a contradiction in terms? These are serious questions. They’re not merely abstract
puzzles for philosophers to ponder in comfortable armchairs. They are the sorts of

in
issues that people are prepared to die for.”

To live in a society needs all kinds of co-operation. Typically this means curbing

nl
some of our more selfish desires in order to put up other people’s interests. That is a
component of the human situation. Given that our requirements often conflict, it would
be unbearable for us to live in a society which levied no limits whatsoever on what we
do. It would be illogical to argue that we should all have whole licence to do whatsoever

O
takes our fancy no matter who is affected by our activities.

The word ‘freedom’ can have influential emotive force, that is, the power to provoke
strong emotions. Its implications are almost entirely positive.

ty
‘Freedom’ is not typically a neutral term. Freedom appears noble and worthy. It is
hard to visualise anyone declaring that they are fundamentally contrasting to it. Many
individuals have laid down their lives in the style of freedom, or of liberty yet we should

si
not lose sight of the detail that ‘freedom’ is used to mean diverse and irreconcilable
things. A quick scrutiny of the philosophical writing on freedom will reveal the wide
diversity of approaches to political life which have been protected in the name of freedom.
r
For a state, ‘freedom’ may mean not being occupied. Though, ‘a free nation’ or ‘a
ve
free state’ may also mean one that is not authoritarian. An authoritarian state is one
in which the state authorities exercise control over most aspects of people’s lives.
Authoritarianism may take many different forms. Its core, in its most extreme form, is
apprehended in George Orwell’s novel ‘Nineteen Eighty-Four’. The state authorities
ni

want to have whole control over individuals’ lives, there is an intricate mechanism for
surveillance.
U

1.3.4 Positive Liberty: The Need of the Hour

We are all mindful that we have rights. At present we have a right to school,
education, a job, property, life, freedom and personal safety. Though, there is a
ity

fundamental variance between rights. There are two types of rights called Positive or
artificial rights, as some describe them and negative or natural rights.

Positive rights or positive freedom means freedom to anything. Thus, your positive
right keeps a positive duty on others, i.e. a duty to suggest something or act in a
m

particular way. My positive right needs you to respect it by abiding by with it. Positive
rights are the rights to free schooling, free healthcare, a job and also a minimum wage.

Positive freedom is a more demanding notion to grasp than negative. It is freedom

)A

to do something rather than freedom from interfering. Negative freedom is a matter of

the number and kind of choices that are open for you and the relevance in your life. It
is a matter of what you aren’t prohibited from doing. Positive freedom, in disparity, is a
matter of what can actually be done.
(c

All kinds of doors may be open, giving you a large quantity of negative freedom
and yet you might find that there are hindrances to taking full advantage of your

Amity Directorate of Distance & Online Education

 38 Introduction to Politics-II

prospects. Berlin sometimes talks of positive liberty in terms of the question, “Who
Notes

e
is master? I want to be in control of my life, but there may, for example, be internal
obstacles to my living the way I really want to.” Here we might talk of my growing my
freedom by overcoming my less coherent desires.

in
Berlin’s description of positive liberty and its origins is as follows. “The ‘positive’
sense of the word ‘liberty’ derives from the wish on the part of the individual to be his

nl
own master. I wish my life and decisions to depend on myself, not on external forces
of whatever kind. I wish to be the instrument of my own, not of other men’s acts of will.
I wish to be a subject, not an object; to be moved by reasons, by conscious purposes
which are my own, not by causes which affect me, as it were, from outside. I wish to be

O
somebody, not nobody; a doer – deciding, not being decided for, self-directed and not
acted upon by external nature or by other men as if I were a thing, or an animal, or a
slave incapable of playing a human role – that is, of conceiving goals and policies of my

ty
own and realising them.”

It is important to understand that Berlin’s concept of positive liberty doesn’t just

apply to self-mastery at the specific level but it also includes theories of freedom which

si
accentuate collective control over common life. So, when someone calls a society a
free society as its members play an active role in regulating it through their participation
in democratic associations, they are engaging to a notion of positive freedom rather
than of negative.
r
ve
In this example the public as a whole is free because they altogether have mastery
over the life of their society. A free society that is based upon the concept of negative
freedom would naturally be one in which state intervention in individual lives is kept to a
least. This would not essentially be a democratic society since a compassionate dictator
ni

might be concerned to deliver an extensive realm of specific negative freedom for each
one of masses.

Check Your Understanding

U

1. A thought of positive liberty may also comprise freedom from _________constraints.

2. ______________refers to consuming the power and resources to act to fulfil
one’s own potential, as conflicting to negative liberty, which refers to freedom from
ity

restriction.
3. Though the law itself may very well be a violation of_______________, involvement
in the law is an act of positive liberation.
m

Summary
People use the term ‘liberty’ to confer with a variety of various things. Time-
honoured conceptions of liberty tend to be time-honoured for a reason. They play
)A

different, often complementary roles in common-sense thinking. There’s value in

identifying the essence that these various conceptions all share, but there’s also much
to realise from being conscious of the differences. Each of those freedoms are some
things people have permanently reason struggled to secure.
(c

One is bothered with liberty in all such contexts, but the concerns one aims to mark
by using the word are only related, not identical. From an anarchist perspective, positive

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 39

liberty means every individual having the correct to completely develop themselves,
Notes

e
their abilities and exercise their freedom. This suggests things like the correct for
workers to have and control the means of production, the proper to democratic
decision-making power within the workplace, the proper to equal decision-making

in
power during a self-management and direct democratic regime and therefore the right
to equal condition.

nl
To anarchists, positive liberty doesn’t mean the proper to bind others to obligations
against their will or the necessity for a government to step in and supply rights since
anarchists believe that liberty can only come from below instead of from above.
Anarchists would argue that any freedom handed down from a government isn’t liberty

O
but an allowance from established power which also has the facility to require those
with same allowances should change its mind.

We can’t settle any debate about what positive liberty does for people by

ty
conceptual analysis alone. We’d like to research what happens to people when
positive liberties are present, and what happens once they aren’t. In other words, if
you would like to understand how valuable positive liberty is, you would like to urge off

si
the armchair and go check. We will easily imagine a world during which people have
positive liberty but remain miserable. However, as a matter of fact, it’s going to be that
when people have positive liberty, they have a tendency to be happy.

Activity
r
ve
1. Isaiah Berlin distinguished between a concept of negative freedom and a
concept of positive freedom. Formulate the ideas.

Glossary
ni

1. Anarchist: one who believes in or tries to bring about anarchy.

2. Perspective: a view or a prospect.
U

3. Surveillance: close observation, especially of a suspect or criminal.

4. Contemporary: living or happening at the same time.
5. Restraint: the action of keeping things under control.
ity

Questions and References

1. Define Positive Liberty. Review the need of it in contemporary scenario.
2. Explore Positive Liberty in terms of Content Neutrality.
m

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1706&context=
faculty_scholarship#:~:text=Phrased%20another%20way%2C%20the%20
requirement,the%20ideology%20of%20the%20message.
)A

https://www.mtsu.edu/first-amendment/article/1003/neutrality-speech
https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/
caelj15&section=17
(c

Amity Directorate of Distance & Online Education

 40 Introduction to Politics-II

Further Readings
Notes

e
1. Two Concepts of Liberty by Isaiah Berlin
2. In all Fairness: Equality, Liberty and the Quest for Human Dignity

in
3. The Seven Best Philosophy Books on Freedom/Liberty by Lennox Johnson

Answers to Check your Understanding

nl
1. internal
2. Positive liberty

O
3. Negative Liberty

ty
r si
ve
ni
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 41

Module-II: Equality
Notes

e
Unit-2.1: Meaning, Nature and Significance

in
2.1.1 Concept of Equality
2.1.2 Dimensions/ Nature of Equality

nl
2.1.3 Differing Perspectives
2.1.4 Importance of Equality

O
2.1.5 Limitations/Significance in Contemporary Scenario
2.1.6 Relationship of Equality with Liberty
Unit-2.2: Kinds of Equality

ty
2.2.1 Natural Equality
2.2.2 Social Equality

si
2.2.3 Civil Equality
2.2.4 Political Equality
2.2.5 Economic Equality
2.2.6 Legal Equality
r
ve
2.2.7 Equality of Opportunity and Education
2.2.8 Affinity between Equality and Freedom
Unit-2.3: Egalitarianism: Background Inequalities and Differential Treatment
ni

2.3.1 Concept of Egalitarianism

2.3.2 Accommodating Differential Treatment
U

2.3.3 Differential Treatment in Consonance with Equality of Outcome

2.3.4 Notion of Affirmative Action
2.3.5 Western Concept of Affirmative Action
ity

2.3.6 Affirmative Action in Indian Scenario

2.3.7 Repercussions of Affirmative Action in India
2.3.8 Merits and Demerits
m
)A
(c

Amity Directorate of Distance & Online Education

 42 Introduction to Politics-II

Unit-2.1: Meaning, Nature and Significance

Notes

e
Objectives:

in
At the end of this unit, you will be able to understand:

●● Concept of Equality

nl
●● Dimensions/ Nature of Equality
●● Differing Perspectives

O
●● Importance of Equality
●● Limitations/Significance in Contemporary Scenario
●● Relationship of Equality with Liberty

ty
Introduction
The terms Equality and Liberty are two most valuable and important pillars of a

si
democracy. These are those two basic rights that everyone should be entitled to. The
French Revolutionaries demanded not only equality and fraternity, but also liberty.

History: To quote the French Declaration of Rights, “Men are born and always
r
continue to be free and equal in respect of their rights.” Even the Preamble of the Indian
ve
Constitution States Equality, Justice, Liberty and Fraternity, as the four basic objectives
of the Indian polity.

It was around 1970s, when the development of Britain’s anti-discrimination laws

took place. It was done in order to deal with unfair discrimination that was being faced
ni

by some particular groups in different spheres, such as education, employment and

services.
U

Given below is a list of some of the anti-discrimination laws that were introduced to
protect the interest of some people:

●● Equal Pay Act 1970

●● Sex Discrimination Act 1975
ity

●● Race Relations Act 1976

●● Disability Discrimination Act 1995
●● Employment Equality (Religion and Belief) Regulations 2003
m

●● Employment Equality (Sexual Orientation) Regulations 2003

●● Employment Equality (Age) Regulations 2006
●● Equality Act (Sexual Orientation) Regulations 2007
)A

The Equality Act 2010 brought all these acts on a single platform. All other acts
were replaced by single act: Equality Act 2010. In layman’s language, equality denotes
full equality of treatment and reward for all. It is demanded as natural equality.

It is believed that all men are born equal and free. But in reality, we all are
(c

different with regard to our physical attributes and mental abilities. The idea of natural
and absolute equality cannot be fully accepted and realised. Everyone has different
capacities as well as different abilities.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 43

The rewards are based according to the actual abilities of individuals. Equality
Notes

e
of rewards does not mean that everyone should be rewarded same irrespective of
individual abilities, skills and capacities. Rather the real meaning of equality of rewards
is that everyone has fair and equal opportunities, and fair distribution of rewards.

in
Equality: Definitions – Equality in a negative sense denotes abolition of special
privileges, favours, benefits and facilities provided to certain sections of the society. All

nl
man-made inequalities should be abolished.

If we view the positive aspect of equality, it stands for equal rights, giving equal
opportunities to everyone for their development, justified distribution of resources, and

O
fair reward system for all with due recognition to an individual’s merits, ability, potential,
and performance.

Let us look at some of the popular definitions on equality:

ty
“The Right to Equality proper is a right of equal satisfaction of basic
human needs, including the need to develop and use capacities which are
specifically human.”
D.D Raphall -

si
“Equality means that no man shall be so placed in society that he can
over-reach his neighbour to the extent which constitutes a denial of latter’s
citizenship.”
Laski -
r
ve
“Equality means equal rights for all the people and the abolition of all special
rights and privileges.”
Barker -
ni

Equality has 3 basic features:

(a) Absence of special privileges in society.
U

(b) Providing equal and ample opportunities for the development for all individuals.
(c) Equal satisfaction of basic needs of all.
ity

2.1.1 Concept of Equality

Equality is descriptive as well as normative.

Descriptive Concept: Equality is a relation between those entities that are

m

identical in some particular and specific ways. No two entities can be entirely identical.
If such a thing happens, then the two entities will not be separate, but a single entity.
The entities can be equal on the parameters of quantity or quality. Equality may cover
things, institutions, groups, or persons.
)A

Normative Concept: Equality is the belief that all human beings are equal
(descriptive) in some specific way. This factual equality asks for special treatment,
which may mean ensuring identical treatment, or even differential treatment to restore
them to or to aid them in reaching or realizing the specific factual state.
(c

Equality, thus ensures equal opportunity for everyone to make the most of their
lives and talents. It also makes sure that no one should live a deprived life just because

Amity Directorate of Distance & Online Education

 44 Introduction to Politics-II

one comes from a certain section, or is following a certain belief and faith, or has any
Notes

e
kind of disability.

Equality thus:

in
1. Equality accepts some forms to natural inequalities. It does not account for
absolute equality.

nl
2. Equality implies that there should not be any unnatural man- made inequalities
or special privileges to any particular class or group.
3. Equality postulates the grant and guarantee of equal rights and freedoms to all

O
the people.
4. All individuals should have equal and adequate opportunities for self-
development.

ty
5. Equality means that before satisfying the special needs of the privileged class,
the basic needs of all individuals of the society must be duly satisfied.
6. Equality promotes distribution of wealth and resources which is equitable, just

si
and fair. It aims to reduce the gap between rich and poor as much as possible.
7. Equality aims to protect the weaker sections of the society. To attain this, the
Indian political system grants special protection facilities and reservations to all
r
those who belong to backward classes, minority sections, women and children.
ve
Special facilities are also given to the disabled section of the society.

Principles of Egalitarianism as Identified by John Baker:

I. Equality of Basic Needs: Every individual has the right to satisfy one’s basic
ni

needs. Egalitarians believe that it is vulnerable for some to live in riches, while
others in a state of deprivation.
2. Equal Respect: Any form of living that is below standards is strictly opposed
U

by Egalitarians. They are against the hierarchies based on social status and
special treatment and respect given to the privileged class.
3. Economic Equality: Egalitarians strictly oppose economic differences
prevailing within countries and between countries. They look for equality where
ity

factors of production are concerned. Egalitarians seek equality even for work
engagement. They advocate that even boring and exhausting work should be
shared equally, and those who perform such type of disagreeable work should
be compensated.
m

4. Political Equality: The true definition of Political Equality is more than just
the right to vote or the right to stand for office. It denotes greater democratic
participation in the government, industry, social services, education or family
)A

life. It implies freedom from the excessive use of arbitrary powers.

5. Sexual, Racial, Ethnic and Religious Equality: Egalitarians oppose any kind
of discrimination based on colour, race, gender, beliefs and preferences. They
believe that segregation based on the given factors encourage economic and
(c

social differences, and therefore reject such discriminations.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 45

2.1.2 Dimensions/ Nature of Equality

Notes

e
Two things are said to be equal if neither of the two is less than or more than the
other in an identified respect. Inequality means that one of the two things is superior

in
to the other in some way. This understanding of equality and inequality is same for all
aspects. Either things are exactly identical, or one has to be superior to the other with
some reference. The different dimensions on which the differences depend are:

nl
(1) the character of the subjects
(2) the mode of the predication

O
(3) the qualifications attached to the predication.
Let us analyse these differences:

1. Personal and Circumstantial Equality

ty
There exist two categories under which the subjects being compared fall, one
being the human beings and the other being everything else other than human beings.
The latter denote all external circumstances under which human beings survive. Human

si
equality or inequality is subdivided into two parameters: One which is attained by birth,
and other which is derived by self-attainments (characteristics they acquire during their
life, to what extent do they develop their inborn endowments, and their physical and
mental performance). r
ve
Human equality or inequality is a matter of inborn legacy. We are born with different
degree of intelligence. This inequality is natural. This is not circumstantial. When we move
to circumstantial inequality from the acquired one, we challenge the difference between
type of equality or inequality as a result of condition, or as a result of opportunity.
ni

Equality of condition may take different forms. It may be in the status granted to
the individuals, treatment given to them, or with respect to possession of political liberty,
U

healthy environment, or education. The equality in possessing such goods depend

upon the factors controlled by the society.

2. Equality that Exists and Equality that Ought to Exist

ity

The prediction of equality can be declarative or prescriptive. If we say that two

individuals are not equal on certain parameters, it is declarative. We have declared a
statement. But to say that they ought to be equal is perspective.

In case of human equality, perspective statements hold no validity and are

m

senseless. We cannot say that two individuals ought to be equal in some respect, be
it their legacy or their attainments. The individuals in an organized community should
have a contrafactual supposition that all are equal in every important aspect. An
)A

organized society is based and exist on this contrafactual supposition that all are equal.
The members of the society must suppose themselves to be equal to each other.

We can make prescriptive proposals only in the arena of circumstantial equality

and inequality, and it is where Justice acts as regulative. In case where inequality of
(c

conditions exists but should not prevail, in this case justice rectifies it by establishing an
equality of conditions in its place. Those individuals who make unequal contributions by
their work, justice calls for inequality of results in form of reward achieved by them.

Amity Directorate of Distance & Online Education

 46 Introduction to Politics-II

3. Equality in Kind and Inequality in Degree

Notes

e
It consists in the distinction between -

(a) an equality of conditions that exists or ought to exist without any attendant

in
difference in degree
(b) an equality of conditions that exists or ought to exist but which is accompanied
by differences in degree and so by inequalities among those who are equal in a

nl
given respect.
In the sphere of circumstantial equality, both types of equality may prevail. All

O
members of a society may be equal in context of ‘haves’, but inequality may exist as
degree of ‘haves’ vary. One can have-more, another can have less. It is also possible,
though very rare and almost impossible, that, all may be equal in kind as haves without
any associated difference in degree.

ty
2.1.3 Differing Perspectives
The real meaning of equality is providing equal opportunities to all for development.

si
Individual equality in reality denotes fair and just equality rather than absolute equality.
Everyone should be treated fairly and be given equal opportunities.

r
Equality, in Political Science, differs from uniformity. Although some people might
use the term to denote sameness, but this notion is not followed by the experts in
ve
Political Science. Equality does not denote elimination of diversity.

Let us have a look at different definitions as given by great theorists on equality:

●● D.D Raphall, “The Right to Equality proper is a right of equal satisfaction of

ni

basic human needs, including the need to develop and use capacities which
are specifically human.”
●● Laski: “Equality means that no man shall be so placed in society that he can
U

over-reach his neighbour to the extent which constitutes a denial of latter’s

citizenship.”
●● Barker: “Equality means equal rights for all the people and the abolition of all
special rights and privileges”.
ity

●● G. Sartori: “equality has so many facets and so many implications that after
we have examined it from all angles, we are left with a feeling of not having
really mastered it.”
●● John Locke and Thomas Hobbes, two great English thinkers of the
m

seventeenth century, gave the contemporary notion of political authority.

These two intellectuals stated the natural equality of human beings. Both
Hobbes and Locke imagined human beings in a “state of nature”. They even
)A

explained that individuals enter into a social contract for mutual benefit.
The establishment of the State is an outcome of this social contract. The
State is established to protect the interests of its citizens, and is endowed
with corresponding powers. The government derives its authority from the
consent of those who are being governed, and not the natural superiority of a
(c

ruling class.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 47

In a nutshell, equality opposes unjust and inequitable treatment. It does not mean
Notes

e
absolute equality. Absolute equality exists at lowest levels, thereafter equality means
giving equal opportunities to all for self-development.

in
2.1.4 Importance of Equality
What is equitable? To answer this question, different societies have their own

nl
perspectives. These norms will lay down the basis for the policies adopted to promote
equity. There is consensus on the fact that inequality of income is not fair, and constant
efforts should be made to reduce the gap between rich and poor. But there is little

O
agreement on what constitutes a fair distribution of income.

Some societies view equity as a goal in itself, since it has moral implications
and symbolises fairness. Those policies that promote equity also support in poverty
reduction either directly or indirectly. When there is unequal distribution of income,

ty
more and more people fall below poverty line. In the same way, when there is equal
distribution of income, the number of people below poverty line gets reduced. Those
policies that promote equity such as promoting education and investing in human

si
capital as resource, have positive implications in the long run. These help to boost up
the economy thereby declining poverty.

The increased discrimination faced by people on the grounds of colour, race,

r
gender, or any other factor has enhanced the need for special provisions and adequate
ve
access in government services and fair treatment in labour markets.

Many policies that are framed in the current scenario will have after effects in
the coming days. For instance, if we provide generous benefits to the class of today’s
retirees, it will be on the current expense of those who will retire in future. Thus, policies
ni

of today can impact tomorrow. This is an important issue of concern in many countries.

Those policies that promote equity encourage social unity. It also reduces political
U

conflicts. But these policies need strong political support for effective implementation.
This support is more likely to be attained since distribution of income is justified.
However, macroeconomic adjustment that entails growth-enhancing structural reforms
such as privatization may increase unemployment and worsen inequality in the short
ity

run. In such circumstances, well-targeted social safety nets to shelter the consumption
levels of the poor are critically important.

2.1.5 Limitations/Significance in Contemporary Scenario

m

There is a qualitative relationship between “equality,” “equal,” and “equally”.

Equality signifies correspondence between a group of different persons, objects,
or processes that possess same qualities in at least one respect but not all. There is
)A

similarity regarding a specific feature, but other features are different. So, equality is
not same as ‘identity’. When one and the same object corresponds to itself in all its
features, it can be signified as ‘Identity’. But this is again different from ‘similarity’.
Let us understand this by the statement that ‘all men are equal’. This does not mean
that all men are identical. Identical means exact replica. So, equality does not mean
(c

‘sameness’, though it can imply similarity to some extent.

Amity Directorate of Distance & Online Education

 48 Introduction to Politics-II

In the Constitution of India, the Right to Equality is given under Articles 14 to 18.
Notes

e
Article 14 is the most important article. It won’t be incorrect to say that Art. 14 is the
genus while Arts. 15 and 16 are the species.

in
Article 14: Guarantees equality before law to all. In view of a certain amount of
indefiniteness attached to the general principle of equality enunciated in Article 14,
separate provisions to cover specific discriminatory situations have been made by

nl
subsequent Articles.

Article 15 prohibits discrimination against citizens on such specific grounds as

religion, race, caste, sex or place of birth

O
Article 16 guarantees to the citizens of India equality of opportunity in matters of
public employment.

Article 17 abolishes untouchability

ty
Article 18 abolishes titles, other than a military or academic distinction

2.1.6 Relationship of Equality with Liberty

si
When we talk about democracy, both equality and liberty are seen as contradictory
terms. Liberty gives rise to those situations and opportunities that create inequality. The
r
famous economist and Nobel Prize winner Amartya Sen argues that equality is crucial
to liberty. According to him, people are not free as long as they do not have the right
ve
and capability to control their lives. He further stresses the need for basic resources
which are literacy, adequate income and health.

The two terms have close association. If there is no equality, there is no value
ni

of liberty. The two terms are like two faces of a single coin. However, some political
thinkers totally neglect the relationship between liberty and equality. According to
them, equality and liberty are incompatible and adverse terms. Lord Acton says
U

that “The passion for equality made vain the hope for liberty”. So, in the viewpoint
of these thinkers, liberty and equality cannot go hand-in-hand. If one exists, other
won’t. However, the modern political thinkers do not agree to such views. In fact, it is
believed that both liberty and equality should exist together. If unrestricted liberty is
ity

granted to anyone, he/she can take undue advantage and cause chaos in the society.
Unrestrained and uncontrolled liberty will lead to a problematic society.

So, economic equality is imperative for political freedom. In the absence of this
equality, the democracy would be a capitalist democracy. Imagine a scenario where
m

labourers have right to vote, but their purpose is not being served. Liberty, to be
established in its true sense, needs Socialistic democracy where equality and liberty go
hand -in-hand. Likewise, equality cannot be established if there is no political liberty.
)A

The truth is that both equality and liberty complement each other. In the words of
Pollard “There is only one solution of the problem of liberty. It lies in equality”. The two
terms need to be reconciled as these are the means to realise individual potentials.
To develop the rich variety of potentialities of individual personality, liberty to a great
extent is a must, forbidding attempts to impose dead level of equality, both social and
(c

economic.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 49

Check your Understanding

Notes

e
1. ......................and ..........................are two most valuable pillars of democracy.
2. The Preamble of the Indian Constitution defines Equality as one of the four basic

in
objectives of the Indian polity, the other three being...................., ................
and...........................
3. Article ____ of the Indian constitution abolishes untouchability.

nl
4. Article _____ prohibits discrimination against citizens on such specific grounds as
religion, race, caste, sex or place of birth.

O
5. The belief that all human beings are equal (descriptive) in some specific way is the
______ concept of equality.
6. The different anti-discrimination acts were merged into a single act which is _______.

ty
7. According to Pollard, the solution to the problem of liberty lies in ______.
8. ________ equality It implies freedom from the excessive use of arbitrary powers.
9. “Equality means equal rights for all the people and the abolition of all special rights

si
and privileges”: This definition was given by ______.
10. Which of these anti-discriminatory laws is not correctly matched?
a. Sex Discrimination Act: 1975 r
ve
b. Equal Pay Act: 1976
c. Disability Discrimination Act: 1995

Summary
ni

Equality is about ensuring that every individual has an equal opportunity to make
the most of their lives and talents. It is also the belief that no one should have poorer life
chances because of the way they were born, where they come from, what they believe,
U

or whether they have a disability. Equality recognises that historically certain groups of
people with protected characteristics such as race, disability, sex and sexual orientation
have experienced discrimination.
ity

Today, we have made huge progress towards a more equal society. The vast
majority of us are studying, working or making friends with people from other ethnic
backgrounds. Further, the minority ethnic groups which used to lag far behind in
educational performance have begun to catch up. There have also been huge changes
m

in attitudes towards lesbian, gay and bisexual people.

Disabled people also have more rights than ever before. The social model of
disability proposes that barriers, negative attitudes and exclusion by society are the real
)A

factors defining who is disabled and who is not.

Activity
1. Discuss limitations/significance of equality in contemporary scenario.
(c

2. Discuss relationship of equality with liberty.

Amity Directorate of Distance & Online Education

 50 Introduction to Politics-II

Questions and Exercises

Notes

e
1. What is the importance of equality?
2. What are the differing perspectives of equality?

in
3. Define Personal and Circumstantial Equality.
4. Define concept of equality.

nl
Glossary
1. Preamble: Introductory part of the constitution, a deed, or a statue which states

O
its functions, aims, and justification.
2. Fraternity: A group of people associated formally for a common purpose

References

ty
https://www.yourarticlelibrary.com/political-science/equality-meaning-features-
and-types-of-equality/40362

si
https://www.equalityhumanrights.com/en/secondary-education-resources/
useful-information/understanding-equality
https://www.civilserviceindia.com/subject/Political-Science/notes/equality-
r
social-political-and-economic.html
ve
https://evelyngraceacademy.org/sites/default/files/Equality%20Statement_0.
pdf
https://www.politicalsciencenotes.com/essay/essay-on-equality-meaning-and-
kinds-of-equality/276
ni

Answers: Check Your Understanding

1. Liberty, Equality
U

2. Justice, Liberty, Fraternity

3. Article 17
4. Article 15
ity

5. Normative
6. The Equality Act 2010
7. Equality
m

8. Political
9. Barker
)A

10. Option (b)

(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 51

Unit-2.2: Kinds of Equality

Notes

e
Objectives:

in
At the end of this unit, you will be able to understand:

●● Natural Equality

nl
●● Social Equality
●● Civil Equality

O
●● Political Equality
●● Economic Equality
●● Legal Equality

ty
●● Equality of Opportunity and Education
●● Affinity between Equality and Freedom

si
Introduction
Equality is the concept which is often interpreted in a wrong way. It does not mean

r
complete equality, as it is not possible to have complete equality. We all are born with
varied physical and mental aspects. No one has exactly same physical constitution,
ve
capabilities, thought process, capacity, and temperament. Some are stronger than
others, some are smarter than others, some are more capable than others, and so on.

Equality is derived from French/Latin words aequalis, aequus and aequalitas.

ni

These literally mean even, level and equal. The real meaning of the term is to give
equal opportunities to everyone for self-development, and treating and rewarding
everyone in the most just and fair manner.
U

As per Professor Laski, “It means that no man shall be placed in society that he
can overreach his neighbour to the extent which constitutes a denial of the latter’s
citizenship”.
ity

He also states that:

“Equality does not mean the identity of treatment or the sameness of reward. If
a bricklayer gets the same reward as a mathematician or a scientist, the purpose of
society will be defeated. Equality, therefore, means, first of all the absence of social
m

privilege. In the second place it means that adequate opportunities are laid open to all”.

Thus, equality denotes equality of treatment and fair reward for all without any
undue discrimination. It is true that we all are born free and equal, but the bigger truth
)A

is that we are not born completely equal. We are born with varied physical and mental
aspects.

2.2.1 Natural Equality

(c

Equality that is based on the constitution of human nature which is common to all
is Natural Equality. This lays down the foundation for liberty. It advocates the theory
that all men are born equal. Even if there are variations in mental and physical traits,

Amity Directorate of Distance & Online Education

 52 Introduction to Politics-II

abilities and capacities, psychological traits, still all humans are treated as equal and
Notes

e
should have the privilege to enjoy all human rights and freedom.

Several consequences ensue from this principle of the natural equality of men:

in
1. It is based on the principle that all men are born free. They can get dependent
only for self-welfare.

nl
2. The differences are produced in political governance due to differences in
authority. It is expected of the superior class to treat their inferiors as equal.
There should not be any kind of insults, and those who have risen the most
above others should not make any undue demands, and should have only what

O
is required.
3. That who has not acquired a particular right by virtue of which any special
treatment can be demanded, must not claim more than others. In fact, one

ty
should allow others to enjoy equally the same rights that he would have
assumed for himself.
4. A universal right must be enjoyed universally, or acquired alternately, or

si
equally divided among those who have same rights, or allotted with fair and
just compensation. If possible, any decision should be made by lot so that it
removes any doubt of partiality or favour.

2.2.2 Social Equality

r
ve
Social equality means abstaining special privileges to anyone in particular such
that all the members of the society enjoy equal status. Each and every member of
the society should be entitled to equal opportunities to develop oneself without any
ni

differentiation. There should be no difference of caste or creed, colour or race, groups

or classes, clans or tribes. The practice of Untouchability has been abolished. Thus,
social equality advocates equal rights and equal opportunities for all without any
U

discrimination.

Specifically, it stands for:

(i) Absence of special privileges for any class or caste or religions group or an
ity

ethnic group;
(ii) Prohibit any kind of discrimination against any one on account of discriminatory
factors such as, caste, colour, creed, religion, gender and place of birth;
(iii) Everyone should be entitled to have free access to public places which implies
m

no social segregation; and

(iv) Equality of opportunity for all people. It however accepts the concept of
protective discrimination in favour of all weaker sections of society.
)A

Social equality also calls for gender equality, and providing equal status to females
giving them equal opportunities to live and develop.

2.2.3 Civil Equality

(c

Civil Equality means equality for all people and social groups. Civil Liberty
is one of the benefits of Civil Equality. Everyone should be equal in the eyes of law.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 53

Discrimination on the basis of Superiority, Social and Economic status, Religion, Cast,
Notes

e
Colour and other factors should be abolished. ‘Rule of Law’ is active in England, and all
citizens are equal in the eyes of Law.

in
2.2.4 Political Equality
Political equality advocates that everyone should have equal opportunities to

nl
participate in political processes. All the citizens should have equal political rights
subject to some uniform qualifications for all. Every member of the society should
have the right to have a say in the political process, participate actively in the political

O
affairs of the country, and have politically similar rights and similar say. No one can
be differentiated or abstain from having a say in the working of the government. The
principle of Universal Adult Franchise is an important step to bring about political
equality, which allows every adult citizen to vote without being discriminated on any

ty
grounds. Universal Adult Suffrage has also been introduced in India.

2.2.5 Economic Equality

si
Economic Equality and Political Equality are closely related. According to Professor
Laski, economic equality has great significance. He says: “Political equality is therefore,
never real unless it is accompanied with virtual economic liberty; political power
r
otherwise is bound to be the hand-maid of economic power”.
ve
As per Lord Bryce, Economic Equality “is the attempt to expunge all differences in
wealth’ allotting to every man and woman an equal share in worldly goods”.

However, this concept of ideal economic equality is almost impossible in practical

politics.
ni

Economic equality does not mean giving equal remuneration to all. It actually
advocates fair and equitable remuneration. There should be enough employment
U

opportunities for all to earn a decent livelihood. It also means that the basic and primary
needs of all the people should be satisfied prior to satisfying special needs of some.
There should be equitable distribution of wealth and income and gap between rich and
poor should be at its lowest level.
ity

2.2.6 Legal Equality

Everyone should be equal in the eyes of law. No discrimination should be made
while judging an individual. Whether rich or poor, male or female, government official
m

or common ma, everyone should be treated equally before law. It also advocates
application of same legal code and equal opportunity for all to secure legal protection of
one’s rights. There should be rule of law which should be equally binding for all.
)A

2.2.7 Equality of Opportunity and Education

The Equality of Opportunity, also known as formal equality, is a very important form
of equality which is associated with the rise of competitive market economies.
(c

In simple words, Equality of opportunity and education means that everyone should
have equal opportunities and right to get education. The state must ensure that all its

Amity Directorate of Distance & Online Education

 54 Introduction to Politics-II

citizens should have similar avenues to get education and learning. Likewise, there
Notes

e
must be similar opportunities for everyone to develop themselves. No one should be
deprived of opportunities or right to education. There should be no differentiation
on giving education based on certain grounds. Whether rich or poor, male or female,

in
everyone should be given enough opportunities to upgrade themselves and receive
education. Caste, creed, colour, race, or any other discriminatory factor should not act
as a barrier.

nl
In a hierarchical caste society, the rank of positions is determined by birth lineage.
This means, a legitimate child of an aristocrat is entitled to enjoy all privileges of
aristocratic rank. This is against the equality of opportunity. The Equality of Opportunity,

O
also known as formal equality, is a very important form of equality which is associated
with the rise of competitive market economies. This is also known careers open to
talents.

ty
Equality of opportunity means that everyone should have a fair chance to get
jobs and loan facilities in case anyone wants to start a business. The job applicants
should be judged on basis of qualifications and merits, rather than caste or any other

si
discriminatory factor. The merit criteria should be set in such a way that the highest
scorer should be the one who is fruitful for the enterprise. Everyone should have equal
opportunity to get selected.

r
Every business strives for profits. So, while choosing the best applicant, one should
ve
look for the qualifications and merits of an individual and not his background, caste,
religion, or any other non-relevant factor. Even while sanctioning loan, the capability
of an individual should be analysed. Everyone should be given a chance to apply for
job or loans, and no discrimination should be done. The objective of any business
ni

firm or financial institution should be to choose the best candidate keeping in mind the
profitability of business.

In the same way, firms selling goods and services should not limit their products
U

to certain sections of the society. The market should be open to all. A person in shabby
clothes is also eligible to enter a shop to buy goods, provided he is capable enough to
pay. Sales should be open to all treating everyone as potential customers. However,
equal opportunity does not cater to those who come under the purview of criminal or
ity

civil law procedures.

Theoretically, equality of opportunity means giving equal chance to everyone for

self-development, apply for jobs, apply for loans to start or run business. Simply, jobs
and positions would be open to all. But, in reality this does not happen. Most of the
m

times, jobs are given by references or other unfair means.

2.2.8 Affinity between Equality and Freedom

)A

In simple words, equality means sameness or resemblance in parameters such

as quality, power, status, degree, or quantity. it means having same opportunities.
Freedom means unrestricted condition to think and act. An individual is said to attain
freedom if his/her actions are not controlled or are not restricted. To establish a
(c

relationship between the two terms, freedom has to be achieved initially. In absence of
freedom, one will not be able to do as per one’s wish and cannot attain equality. As per
Tocqueville, “Men cannot become absolutely equal unless they are entirely free.” So, if

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 55

you are not free, this means you have someone to control you. The only way to get rid
Notes

e
of control is by revolting. One can gain political freedom by standing against the state.

With the Declaration of Independence, the development of freedom and

in
equality emerged. Till now, equality was a foreign thought. But with the declaration
of independence, the concept of “all men are created equal” gained momentum. The
declaration of freedom not only demanded freedom from foreign authority, but also

nl
paved ways for gender equality as well as racial equality.

It is quite complex to establish relationship between freedom and equality. These

two are mutually inter-dependant. These are strongly linked as without adequate

O
freedom one cannot attain equality, and in absence of equality the real freedom does
not exist. Equality makes freedom possible, and freedom paves way for equality.

Check your Understanding

ty
1. ........................... is derived from French/Latin words aequalis, aequus and
aequalitas.
2. Equality that is based on the constitution of human nature which is common to all

si
is.....................
3. __________ means abstaining special privileges to anyone.
4. r
Legal Equality stands for equality before.............., equal subjection of all to the
ve
same legal code and equal opportunity for all to secure legal protection of the
ir............................... and freedom.
5. In a hierarchical caste society, positions of advantage are assigned to people on the
basis of..............................
ni

6. The Equality of Opportunity is also known as_________.

7. As per Tocqueville, “Men cannot become absolutely _____ unless they are entirely
U

_____.”

Summary
There are different types of equalities. Natural equality implies that all men are
ity

born free and equal has the state should promote social and economic opportunities
to refer the equality. Social equality makes all persons equally eligible to enjoy various
opportunities. Further, civil equality refers to discrimination among the citizen of the
country all the person enjoy same laws; political equality refers to enjoy political rise
m

for example to form a political associations contest elections etc and economic equality
refers to enjoy wealth equality in the society and abolish poverty.

The ideal of equality has insisted that men are politically equal, that all citizens
)A

are equally entitled to take part in political life, to exercise the franchise, to run for and
hold office. It has insisted that individuals should be equal before the law, that when the
general law confers rights or imposes duties, the rights and duties shall extend to all; or
conversely that they shall not confer special privileges on particular individuals or groups.
(c

Activity
1. Discuss importance of social equality in current scenario from perspective of
India.
Amity Directorate of Distance & Online Education
 56 Introduction to Politics-II

2. Discuss equality of opportunity and education from perspective of India and US.
Notes

e
Questions and Exercises

in
1. What is natural equality?
2. What is meant by economic equality?
3. Define affinity between equality and freedom.

nl
4. What is the difference between civil equality and political equality?

Glossary

O
1. Universal Adult Suffrage: Right to vote to all the adult citizens without any kind
of discrimination
2. Birth Lineage: Descent from a common ancestor

ty
References
1. https://www.civilserviceindia.com/subject/Political-Science/notes/equality-

si
social-political-and-economic.html
2. https://simple.wikipedia.org/wiki/Social_equality

r
Answers: Check Your Understanding
ve
1. Equality
2. Natural Equality
3. Social Equality
ni

4. law, rights
5. birth lineage
U

6. Formal Equality
7. Equal, free
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 57

Unit-2.3: Egalitarianism: Background Inequalities

Notes

e
and Differential Treatment

in
Objectives:
At the end of this unit you will be able to comprehend:

nl
●● Concept of Egalitarianism
●● Accommodating Differential Treatment

O
●● Differential Treatment in Consonance with Equality of Outcome
●● Notion of Affirmative Action
●● Western Concept of Affirmative Action

ty
●● Affirmative Action in Indian Scenario
●● Repercussions of Affirmative Action in India
●● Merits and Demerits

si
Introduction
r
Egalitarianism, a political doctrine, is derived from the French word “égal”, which
means “equal” or “level”. It was first used in 1880s by English, however its equivalent
ve
term “equalitarian” dates back from late 18th century. The belief of Egalitarianism is that
all men are born equal and should be treated equal. The wider meaning of the term is
equality under law and in society at large. It advocates social equality and equal rights.
The belief is in human equality and removal of inequalities on various grounds like
ni

caste, colour, race, gender, creed etc.

An egalitarian promotes equality. It advocates the concept that everyone is entitled

U

to get same treatment and be treated as equals. This thought is further expanded such
that everyone should be treated as equals, should treat others as equals, and should
have equality of social status of some sort. In modern democratic societies, the term
“egalitarian” is used with reference to a position that favours income equality to a great
ity

extent. As an idea, egalitarianism looks for equality in economic as well as legal spheres.

Egalitarianism promotes reduction in inequalities of income. It supports equal

treatment and equal rights to varied groups of people. Political philosophies like
Socialism, Marxism, Communism and Anarchism favour Egalitarianism. According to
m

some, modern democracy advocates Egalitarianism, since in a democracy everyone is

equal. However, others believe that in reality this does not happen. It is the ruling class
that has the major share of political power, and the common people merely enjoy it.
)A

According to this, there is unequal vesting of political power.

There is a confusion as to specify to which class the ideas of egalitarian apply.

Some might include all, and some would exclude some humans. According to some,
the nonhuman primates should also be entitled to equal moral status along with other
persons. So, there are many view points which lead to controversy.
(c

Egalitarianism can either be instrumental or non-instrumental. According to the

instrumental egalitarian, equality is valued as means to some specifiable goal which is

Amity Directorate of Distance & Online Education

 58 Introduction to Politics-II

totally independent. On the other hand, this is based upon the specification of some
Notes

e
aspects of the condition of the people.

in
2.3.1 Concept of Egalitarianism
Egalitarianism can be broken down into several types.

The economic egalitarianism which forms the basis for Marxism and socialism,

nl
believes that every individual present in the society should have equal access to
wealth. It is a type of egalitarianism where all the members of the society are of
equal standing. They also have equal access to all the economic resources. It is on

O
the grounds of the economic egalitarianism that the various forms of Socialism are
formed. Those who support economic egalitarianism believe that every individual has
the right to accumulate wealth in free-market economies. So, every individual must
be provided with opportunities to earn money. This can be done through investments,

ty
entrepreneurial efforts, and income from employment. Everyone should be free to start
a business to make money. The entrepreneur will seek financial investment to run the
business. Even the customers must have an equal opportunity to make purchases, and

si
also to respond to the prices and quality of the products.

Moral Egalitarianism is the situation where all the individuals deserve equal
respect. Equality, here, is central to justice. Morally, all human beings are equal, should
r
get equal respect and equal concern.
ve
Legal Egalitarianism advocates equal treatment before law. The testimony of all
individuals should be valued on same parameters without any differentiation. There
should not be any special grants or privileges to any individual or any group where law
is concerned.
ni

Political Egalitarianism is the basic principle of democracy such that the members
of a society are of equal standing when any kind of political influence is concerned.
U

Luck Egalitarianism propounds the theory of distributive justice. In simple words,

the idea is to compensate individuals for undeserved ill fate. The examples include
those individuals who are born poor, or have physical deformity, or have met with
accidents. Any inequality that arises out of any such unchosen mis happenings must
ity

be taken care of and need to be eliminated. The concern is to eliminate as much as

possible, the negative impact on the lives of people that arise due to any misfortune or
uncontrolled circumstances, which can cause inequalities in the society.

Gender Egalitarianism, as the terminology suggests, is a form of society in which

m

both men and women share the power equally. There is no gender discrimination. Even
in a family structure, power is shared equally by both parents.

Racial Egalitarianism promotes the idea that any type of racial segregation should
)A

not exist.

Opportunity Egalitarianism (or Asset-based Egalitarianism) suggests that

equality can be attained by redistribution of resources. This can be done by providing
capital grant at the age of majority. In 1797, Thomas Paine published a paper on
(c

Agrarian Justice, according to which estate tax was suggested which supported old-age
pensions and a fixed amount to be paid to all citizens on maturity.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 59

Christian Egalitarianism advocates that all are equal in the eyes of God, and
Notes

e
‘He’ does no discrimination. It specifically teaches gender equality in Christian church
leadership and in marriage.

in
‘The Declaration of Principles on Equality’ asserts a universal right to equality. It
suggests that equality is not a benefit. It is an entitlement, which like any other human
right, is legally enforceable. It is an important feature of human rights which is legally

nl
acceptable. Equality is a must for a fair society. The Declaration is a consensus among
the experts in the field of human rights. The Declaration views equality as a basic
human right, and also combines the concepts of human rights and laws of equality.

O
The concept of “full and effective equality” is larger than that of “non-discrimination”.

Principle 1 [The Right to Equality], reaffirms the inter-relatedness of equality

and dignity articulated in Article 1 of the Universal Declaration of Human Rights which

ty
asserts that: “All human beings are born free and equal in dignity and rights”. It gives
a glimpse of a fair society where all individuals have an equal as well as mutual
participation in economic, social, political, cultural and civil life.

si
The content of the right to equality includes the following aspects:

(i) the right to recognition of the equal worth and equal dignity of each human
being;
(ii) the right to equality before the law;
r
ve
(iii) the right to equal protection and benefit of the law;
(iv) the right to be treated with the same respect and consideration as all others;
(v) the right to participate on an equal basis with others in any area of economic,
ni

social, political, cultural or civil life.

Principle 2 [Equal Treatment]: It requires treating individuals as equals in respect
of their dignity, with the aim “to realise full and effective equality”. The “equal treatment”
U

vacates the framework of formal equality, whereby identical treatment would be made
to the individuals irrespective of their absolute capabilities for participation in various
spheres of life such as, economic, social, political, cultural or civil.
ity

Principle 3 [Positive Action]: The positive action measures do not establish any
discrimination as long as the difference in treatment aims to achieve complete equality
and the means adopted are proportionate to that aim. Positive action measures are a
part of implementing the 2nd Principle, which is the ‘principle of equal treatment’. In
m

fact, the concept of positive action moves towards utilatarian equality than the concepts
of special measures related to specific categories of persons found in international and
regional human rights instruments.
)A

Principle 4, the right to non-discrimination as a free-standing right: It is meant in

two senses;

(i) As a separate right, which can be dishonoured even if a related right is not
(ii) As an autonomous right, not related to any other right set out by law. The right
(c

to non-discrimination holds a free-standing status, and is independent of any

other legal right actually existing.

Amity Directorate of Distance & Online Education

 60 Introduction to Politics-II

Principle 5: The direct discrimination and indirect discrimination does not connect
Notes

e
the term ‘discrimination’ to any other right set out by law. Thus, the Declaration
proclaims a free-standing right to equality. It hereby goes considerably beyond the
international human rights law. The approach recognises equality as larger than non-

in
discrimination, and does not necessarily relate it to another legal right. The practical
implications of this approach are comprehensive and far-reaching. With this approach,
people do not have to prove themselves as victims of any kind of discrimination in

nl
order to be entitled to equality. They now do not have to rely on enforcement of anti-
discrimination law.

It is important to know that this approach does not reduce or lessen the role of legal

O
enforcement of the right to non-discrimination by individual or group claimants in any
way. In fact, it provides more comprehensive measures to improve the condition and
status of the disadvantaged groups in society. The definition of discrimination, given in

ty
Principle 5, includes an extended list of “prohibited grounds” of discrimination, omitting
the expression “or other status” which follows the list of characteristics in Article 2 of the
Universal Declaration of Human Rights.

si
Principle 6 [Relationship between Grounds of Discrimination]: The legislation
should safeguard equal levels of protection against discrimination on each of the
prohibited grounds. The exceptions to the principle of non-discrimination, for sure, will

r
differ on different grounds, the victim of discrimination is entitled to an effective remedy
without taking into consideration the grounds for discrimination.
ve
Principle 8 [Scope of Application]: This Declaration provides the widest possible
scope of application of the right to equality as it applies “in all areas of activity regulated
by law”. It covers all those areas in a country that are regulated along with all those
ni

areas that are under the constitution of the country, or covered under the international
human rights laws. It encompasses public domains, private domains, transnational
corporations and other non-national legal entities.
U

Principle 9 [Right-holders]: It extends the right to equality to “all persons present

in or subject to the jurisdiction of a State”. The right to equality is exercised freely by all
individuals, without considering nationality. It also includes asylum seekers, refugees,
migrant workers, irregular migrants and all others who may be in the territory or subject
ity

to the jurisdiction of a State. The people in power, and all those who are within the
effective control of the forces of a State acting outside its territory, irrespective of the
situations in which such effective control was obtained, are also entitled to exercise
freely ‘the right to equality’.
m

Principle 10 [Duty-bearers]: It should also apply with respect to the privatised

functions of the State. The State cannot move away with its positive duties by means of
privatization.
)A

Principle 11 [Giving Effect to the Right to Equality]: It is in consistence with the

manner in which the duties and obligations of the State are defined as per the human
rights given in the ‘International Covenant on Civil and Political Rights’ and the ‘Inter-
national Covenant on Economic, Social and Cultural Rights.’
(c

Principle 12 [Obligations Regarding Multiple Discrimination], in the purview

of Principles 1, 2, 3 and 11, implies that a pattern of discrimination that affects those
individuals who share a particular combination of discriminatory grounds may require a
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 61

unique set of specifically targeted positive action measures. This Principle calls for any
Notes

e
legal provisions promoting equality to take into account evolving social phenomena that
are manifested as discriminatory acts or practices.

in
Principle 13 [Accommodating Difference]: This principle is based on the definition
provided in the UN Convention on the Rights of Persons with Disabilities,18, but
it extrapolates to cover any other form of disadvantage which is beyond disability,

nl
along with those discriminations which restrict individuals to participate in any area of
economic, social, political, cultural or civil life.

Principle 14 of the Declaration [Measures against Poverty]: It recommends that

O
measures for poverty reduction and steps to fight discrimination should be coordinated.
These two should be understood as complimentary forces. The steps to promote
equality is core to deal with the problem of poverty. So, both these issues should be
handled in coordination.

ty
Principle 15 [Specificity of Equality Legislation]: To ensure the right to equality,
the national equality legislation has to be sufficiently detailed. The national equality
legislation can be in the form of one unified comprehensive Act or it can be a

si
combination of several pieces of legislation whereby specific areas of activity are
covered.

r
Principle 24 [Duty to Gather Information]: The statistical information plays an
important role in unmasking discrimination. While reviewing State compliance with the
ve
provisions of human rights conventions, it is the duty of the State to collect appropriately
disaggregated information in order to conclude the observations of UN Treaty Bodies.

Principle 25 [Dissemination of Information]: As per this principle, it has to

ni

be ensured that common public should clearly understand the laws and policies
concerning equality.
U

2.3.2 Accommodating Differential Treatment

The “differential treatment” are the policy measures that are purposely designed
by the State under specified criteria so that it can differentiate its citizens and is able to
protect the interests of the weakest among them. Under this, special grants are given to
ity

those who belong to the ‘discriminated section’ of the society and have been the victims
of any kind of social, caste or racial discrimination.

The measures include affirmative action programmes which the State practices
to promote and sustain equity and justice. The protective discrimination is also known
m

by other terminologies such as reservation, reverse discrimination, positive/affirmative

action, preferential treatment, etc. The aim of these programmes is to minimize
persistent discrimination as much as possible. Preferential treatment is given to the
)A

backward and discriminated sections. There is a constant attempt to establish the

concept of social justice.

The most important forms of the principle of equality are formal equality, equality of
opportunity and equality of outcomes.
(c

Formal equality: It advocates equal treatment of all by virtue of their common

humanity. The most important indicator of this idea is the principle of legal equality
which means equality before law. Legal equality implies equal treatment for all before
Amity Directorate of Distance & Online Education
 62 Introduction to Politics-II

law. All individuals are entitled for equal treatment in the eyes of law irrespective of
Notes

e
caste, creed, religion, sex, social background and capabilities.

Equality of outcome: The motive of formal equality was noble and for the benefit

in
of the society, but it missed to recognize the reality that in real life no one can escape
from the evil clutches of discriminatory factors like caste, gender, and social status.
The Equality of outcome tries to overcome this hurdle by equal distribution of rewards

nl
to individuals without considering their social and family backgrounds. The staunch
supporters of egalitarianism rigorously support the equality of income.

However, some people criticise the Equality of outcome on the pretext that this will

O
kill the incentive to work hard. We all differ in talents, skills, abilities, and capabilities.
If there will be equal distribution of rewards, these parameters will get neglected. The
inclination to develop oneself and perform better will be curtailed. Here comes the idea
of equality of opportunity.

ty
Equality of opportunity: As evident from the terminology, it advocates giving
equal opportunities to all for self-development. The individuals should be given
adequate and equal chances and opportunities to start to life, develop oneself, and

si
realize one’s potential. There should be equal opportunities for all and success of an
individual will now depend upon his/her personal skills, and even luck.

r
In this case, giving equal opportunities, unequal outcomes are acceptable. The
reason being that the outcome will be based on individual potential and luck factor.
ve
Thus, inequalities based on unacceptable discriminatory factors are reduced, but
reward system can be differential and unequal.

The main agenda to introduce differential treatment is to protect the weaker, exploited,
ni

and neglected sections of the society. The purpose is to save the weaker and exploited
section from the clutches of the powerful, resourceful, and most influential groups.

2.3.3 Differential Treatment in Consonance with Equality of Outcome

U

Equality of outcomes is a utilitarian conception of equality. It attempts to provide

matter and weightage to the concept of equality. On one hand the formal equality
applies rules and regulations to dictate behaviour, the equality of income, on the other
ity

hand tries to do so by way of morality and applying moral principles to promote equality.

Equality of outcome is based on the notion that different grounds need different
treatment. The social philosophy that backs the conception of equality is the egalitarian
understanding of social justice and good life. The concept tries to sustain equality within
m

the framework of policies and legal mechanisms in various forms such as reverse
discrimination, positive discrimination and affirmative action.
)A

The equality of outcome is the most essential and debatable concept of

egalitarianism. It favours equal distribution of rewards without considering social and
family backgrounds. It not even considers the talents and efforts of individuals. This
equal distribution of income and wealth without considering the potential and skills of
individuals necessitates the introduction of far more measures to promote equality.
(c

Hence, the emphasis on ‘opportunities’ gained more importance.

The equality of outcome emphasises equal distribution of rewards among all

sections of society. It neglects the initial points, efforts, labour put, skills and talents of
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 63

individuals. The idea of equality of outcome is in contradiction to the formal equality and
Notes

e
equality of opportunity. It has more to do with material equality, social circumstances
and also wages. For many people, equality of outcome is a prerequisite to attain and
secure individual liberty since a certain level of material prosperity is a requisite for a

in
meaningful life.

When we talk about legal equality, we talk it in the sense of equality of opportunity,

nl
‘equality of conditions’ and equality of outcome or results. The ‘equality before law’ and
equal protection of law’ directive implies that everyone should be treated alike where
law is considered. The legal equality helps to achieve the equality of opportunity,
but it does not eradicate or reduces the economic and social inequalities that exist in

O
the society.

Over the centuries, the supremacy of the powerful and affluent sections in gaining
access to the resources of the state has led to an extremely uneven, unequal society.

ty
This has resulted in political and social disparities and affected the smooth set up of the
whole society. The influential and powerful sections resist any kind of transformations in
the society. These groups are very much contented with the current status, and do not

si
wish to have any reformation. On the other hand, the deprived and marginalized ones
want a complete transformation and State intervention for the upliftment of their social
and economic status. Both these groups raise their voice and put pressure on the State
to comply to their respective demands.
r
ve
2.3.4 Notion of Affirmative Action
Affirmative action refer to the laws and policies that effort to redress a situation of
discrimination and promote equal opportunity. It relates to positive discrimination, which
ni

necessitates the means to counter the effects of prejudices in terms of race, gender
and / or disabilities. The nature of policy and the use of terms is different for different
countries.
U

The affirmative action encourages societal equality by the way of preferential

treatment of socioeconomically deprived people. Normally, these people are
disadvantaged due to historical reasons like oppression and slavery. There has been
support for these affirmative actions as a result of which several goals have been
ity

attained. These include reducing inequalities at work place and pay; making education
more accessible; enriching the leadership at state, institutional, and professional levels
with the full spectrum of society; and redressal mechanisms for past harms, hindrances
and wrong doings.
m

The affirmative actions are of different kinds. Some actions are direct, and some
indirect. The direct actions include the provisions demanding certain quantitative or
qualitative targets be reached through admission to schools, employment and political
)A

appointments. On the other hand, indirect actions can be those programmes which
support certain categories to support their performance or improve their access. Many
researchers want the affirmative actions for a short period, but many of these actions
have in fact have been of long duration with timely expansions and modifications.
(c

The typical standards for affirmative action are race, disability, gender, ethnic origin,
and age. The United Nations Human Rights committee in its statement on Affirmative
Action has asserted that, “the principle of equality sometimes requires States parties to

Amity Directorate of Distance & Online Education

 64 Introduction to Politics-II

take affirmative action in order to diminish or eliminate conditions which cause or help
Notes

e
to perpetuate discrimination prohibited by the Covenant”.

There are many advantages of affirmative actions:

in
●● These guarantee the representation of minorities and disadvantaged groups
in authoritative positions. Such representation can break stereotype attitude
and help fight prejudices. The representatives prove to be role models for

nl
others.
●● These bring about diversity in institutions, companies and public administrations.
●● These policies are a fair compensation for age old discrimination practices in

O
the name of race and gender.
●● The policies pave the way for disabled to enter the labour market. This helps
them to earn their livelihood, and relieve the State from having to sustain

ty
them.
The affirmative actions have been proved effective to balance structural
disparities in many societies.

si
●● The disadvantaged section needs extra support and push to develop their full
potential. Without the provisions in form of affirmative action, many would not
have even thought of employment or education facilities.
r
Its been more than 50 years since the Affirmative action has been a common
ve
feature of admission and employment practices in public as well as private domains.
The idea of Affirmative action was incorporated to check cultural discrimination of
disadvantaged classes especially while applying for jobs so that the employees are not
discriminated against due to their race, colour or nationality.
ni

The affirmative actions in view of Robert Fullinwider can be mentioned as: ‘positive
steps taken to increase the representation of women and minorities in areas of
employment, education, and culture from which they have been historically excluded’.
U

By ‘positive steps’ he probably means the initiatives and measures taken

to eliminate all forms of direct discrimination that reduces the representation of
women and minorities in comparison to what it could have been if there was no such
ity

discrimination.

The affirmative action is justified on the grounds that it eliminates or at least

neutralizes the effects of indirect discrimination.
m

2.3.5 Western Concept of Affirmative Action

This policy was among one of the John F. Kennedy’s presidential executive
orders in 1961. As per this, all applicants and employees would get fair treatment
)A

irrespective of race, colour, or origin. By 1967, the list also added the two terms: religion
and gender. The aim of the policy was to provide equal opportunities to all those who
belonged to the class of oppressed, exploited, and victims of discrimination.

The affirmative action has not given desired results as such. Given below are
(c

the examples where affirmative action leads to discrimination against individuals and
groups:

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 65

1. Reverse discrimination: As the terminology suggests, this action did not

Notes

e
promote anti-discrimination, rather it discriminated against those who did not
belong to the disadvantaged backgrounds. Talented individuals might not be
given equal opportunities just because they did not belong to the group of

in
disadvantaged or minority. This could have resulted in hatred between majority
and minority groups.

nl
2. Lack of meritocracy: Meritocracy means to encourage capable individuals to
the places of higher education on the basis of merit. The idea is to provide the
meritorious class with more resources and knowledge so that they can be an
asset to the world. By encouraging universities to admit more students of a

O
particular race, nationality, or gender, affirmative action may be discouraging
meritocracy in educational institutions.
3. Demeaning true achievement: Achievements by individuals from minority

ty
groups and other disadvantaged groups may be considered a result of
affirmative action rather than their own hard work. This can demean their real
effort and can even lead to lack of confidence in themselves regarding their

si
capabilities.

1.3.6 Affirmative Action in Indian Scenario

r
In our country India, we have thousands of endogamous caste groups or jatis.
ve
These groups are region-specific and cater to traditional occupation. In traditional
conceptions of the caste system, castes were arranged on the basis of religious
legitimate hiearchy ordering from high to low, where the lower groups were naturally
fitted to a inferior social and economic role. The affirmative action concept is a
controversial issue. When we study it in Indian context.
ni

Its initial goals can be recognized as:

●● Providing equal opportunities in areas of school admissions, scholarships and

U

career promotions for those who have been excluded and underplayed
●● It was initially against racial discrimination, but then extended to include
gender discrimination and discrimination based on disability etc.
ity

●● It was to be enforced till the time the deprived section was able to regain its
rights in the society.
Check cultural discrimination of disadvantaged classes especially while applying
for jobs so that the employees are not discriminated against due to their race, colour or
m

nationality.

2.3.7 Repercussions of Affirmative Action in India

)A

India’s affirmative action (AA) programme is primarily based on caste system. The
electoral sphere has room for AA program for women. AA in India, like other parts of the
world, is combative for three reasons.

First, there is a debate whether caste disparities are significant or not, and to what
(c

extent if answer is affirmative. The reason to analyse caste disparities, its extent, and its
sphere is important to understand as it is the prima facie reason for the existence of AA.

Amity Directorate of Distance & Online Education

 66 Introduction to Politics-II

Second, is caste a valid indicator of backwardness or should AA be defined in

Notes

e
terms of class/income or other social markers, such as religion.

Third, the debate is if AA is really needed, irrespective of the social identity which is

in
used as its anchor.

Consequences of affirmative action in India:

nl
Reverse Discrimination: In the system of Affirmative action, the majority feels
omitted and discriminated against since job allocation in different areas is based on
reservations. In India, the government favours and continue to reinforce reservations,
increase quota system for vote bank, and the real majority is side-lined.

O
Brain Drain: As a result of reservations, and quota-based systems, the talented
ones are side lined and the mediocre are appointed. The reservation in jobs and
education is based on Caste rather than merit. The Deserving candidates feel neglected

ty
and therefore are forced to work abroad. This leads to ‘Brain Drain’ from our country
and can help the other country instead. The reservation criteria have led to brain drain
of intellectuals from the country.

si
Against Constitution: The main feature of democracy is Equality. But, in case of
reservations, quota systems and preferential treatment, the real meaning of democracy
is hampered with. This shows the double standard of the Affirmative Action.
r
Creamy layer: An economic division is observed even in impoverished classes like
ve
OBCs and reservations. The well-off sections of the same community usually snag the
opportunity, while the poor are uncapable to take advantage of this helpful scheme. To
prevent this from happening, a concept known as ‘Creamy Layer’ was introduced, which
prohibited the Upper and Middle Class OBCs to avail reservation facilities. Thus, the
ni

lower classes of OBCs can finally benefit from the Government policy.

2.3.8 Merits and Demerits

U

Merits - Arguments for Affirmative Action

Affirmative action, also known as “positive discrimination,” is a government policy
ity

to help minorities and disadvantaged groups in finding employment, getting admissions

at universities, and obtaining housing. The original aim of the policy was to boost up
the disadvantaged and increase diversity in communities, the workplace, and learning
institutions.
m

In the workplace, affirmative action includes diversity and promotes anti-

discrimination. The Companies often provide options where applicants have a choice to
declare themselves as a minority or as an indigenous individual.
)A

Key takeaways:

●● Affirmative action is a government effort to promote equal opportunity in the

workplace or in education.
●● The rules advocate for equality of race, gender, sexual orientation, and other
(c

factors of groups that have been historically discriminated or overlooked.

●● It is often considered a means of countering historical discrimination against
particular groups.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 67

●● Employers must be aware of these laws and similar rules aimed at equality
Notes

e
and fairness.
Theoretically, those companies which have the most vigorous affirmative action

in
programs will boast employee profile breakdowns. Although, the affirmative action has
its share of critics, if an organization fails to comply with equal opportunity laws, it can
result in costly financial and legal penalties.

nl
An affirmative action platform is an effective management tool. It employs internal
auditing and reporting systems so that it can track the progress of the contractor
towards achieving the workforce that would theoretically occur under the total absence

O
of discrimination. In addition to aggressive educational and outreach efforts aimed
at targeting underrepresented populations, this includes equal treatment across
recruitment, compensation, advancement and all other components of the workplace
experience.

ty
Simply put, affirmative action mirrors how organizations conduct daily business.

Real-World Affirmative Action: Implementation in Universities

si
Education: Affirmative action at educational institutions can be in form of grants,
scholarships, and other types of financial aid to support financially distressed students.

r
Some State authorities permit licences and other grants to those institutions who
meet the criterion for minimum number of reserved category minority students. In
ve
India, as a part of the Reservation System, many universities, employers, and other
institutions must have a certain number of seats reserved for those who were previously
exposed to class discrimination. However, the quota system can take the form of
preferential treatment. Also, it can be discriminating towards other groups of students.
ni

The policy has faced criticism on the pretext of giving preferential treatment to
the disadvantaged groups. However, the employers and educational institutes must
take affirmative actions and stop any sort of discrimination while making decisions of
U

admission and giving employment.

Merits- Arguments for Affirmative Action

ity

1. Climbing the socioeconomic ladder: The socioeconomic status of a family

is typically categorised as high level, middle level, and low level. The levels
are determined by the income, education, and occupational status. When the
minorities are given equal opportunities to get education and jobs, this will
increase their chances of climbing up the socioeconomic ladder.
m

2. Boosting the education of disadvantaged students: Education is one very

important medium to upgrade one’s status. The disadvantaged families often fail
)A

to get good education, and this worsen their conditions further. The affirmative
actions provide facilities for student scholarships, admissions, and other
monetary concessions. In this way, the deprived class gets good education and
this will lead to their upliftment along with their families.
3. Promoting education and work on a communal level: Affirmative action
(c

promotes women education along with that of other oppressed groups. Women
and those belonging to the disadvantaged section of the society can now go to
attend university and also have fair chances of equal opportunities at workplace
Amity Directorate of Distance & Online Education
 68 Introduction to Politics-II

regardless of gender or race. It will support to boost up the overall growth

Notes

e
and development of human capital in the economy. Along with this, the living
standards and per capita income will also rise.

in
Demerits - Arguments against Affirmative Action
Affirmative action policies have also many critics. According to some, affirmative
action is reverse discrimination. These actions have failed to meet the real goals, and

nl
rather have disagreeable side-effects. They further argue that the affirmative action
hampers reconciliation. It encourages people to claim themselves as belonging to the
minority groups in order to avail benefits. It actually has replaced old wrongs with new

O
wrongs. The special privileges to the reserved groups may increase racial tension, can
depress the deserving candidates and benefit the more privileged people within minority
groups at the expense of the least fortunate within majority groups.

ty
●● These actions can prove to be biased against those who do not belong to
the reserved groups. Sometimes, due to reservations, the real deserving
candidate is ignored.

si
●● These policies may increase tensions between racial or ethnic groups. The
members of non-minority group may develop a negative attitude towards the
members of the minority group if the former feel that they are being excluded

●●
r
due to positive discrimination and reservations granted to the latter.
Positive discrimination is difficult to apply in those societies where people
ve
belong to mixed backgrounds.
●● These policies widen the gap between various groups. Such policies
lead to the emergence of separate groups on the name of race or ethnic
ni

backgrounds. In some countries, it is not lawful to classify people on the basis

of race or ethnic background.
●● It is quite doubtful if the real motive of these policies reaches to the actual
U

deserving groups or individuals. The allocation of quotas is also doubtful.

Some other critics who have challenged the affirmative actions are:

As per George Sher, the affirmative action weakens the accomplishments of

ity

people who are chosen due to the social group to which they belong, thereby ignoring
their qualifications. This gives a reverse reaction.

According to Bacchi, affirmative action does not comply with the norms of equality. It
favours advantage to those who might be less qualified, less deserving, and less capable.
m

Check your Understanding

1. ....................................is a political doctrine that holds that all people should be
)A

treated as equals from.........................., usually meaning held equal under the law
and in society at large.
2. One of the major tenets of egalitarianism is that all people are ..................................
..........
(c

3. Economic Egalitarianism (or Material Egalitarianism) is where the participants of a

society are of equal standing and have equal access to all the ..................................
in terms of economic power, wealth and contribution.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 69

4. ...............................Egalitarianism is where the members of a society are of equal

Notes

e
standing in terms of political power or influence.
5. The term ......................................... refers to policy measures that are consciously

in
designed by the state to discriminate among the citizens by certain specified
criteria to protect the interests of the weakest among them.
6. .........................................., also known as “positive discrimination,” is a government

nl
policy that is designed to help minorities and disadvantaged groups in finding
employment, getting admissions at universities, and obtaining housing.

O
Summary
Egalitarianism is a philosophical perspective that emphasizes equality and equal
treatment across gender, religion, economic status, and political beliefs.

ty
Egalitarianism may focus on income inequality and distribution, which are ideas
that influenced the development of various economic and political systems. It also
looks at how individuals are treated under the law. Karl Marx used egalitarianism as
the starting point in the creation of his Marxist philosophy, and John Locke considered

si
egalitarianism when he proposed that individuals had natural rights.

The belief that the existing distributions of income and wealth in Western countries

r
are unjust has come to be widely held, and has prompted the inclusion of egalitarian
measures in many political programmes. The rise of egalitarianism, provides a history
ve
of egalitarianism starting from early principles in ancient Greece and progressing
through to the ‘modern’ egalitarianism in the twentieth century.

A few things limit economic egalitarianism in a free market society. Money supply,
ni

inflation, lack of jobs, and consumer prices may limit economic activity for people who
lack wealth. Legal constraints affect economic egalitarianism. A current prominent issue
regarding egalitarianism is international migration. A debate in many countries analyzes
the effects of immigration on their domestic citizens only, and some seek to restrict
U

immigration to protect domestic economic interests.

Affirmative action is anticipated to promote the opportunities of defined minority

groups within a society to give them equal access to that of the majority population. In
ity

India, Reservation in India is a form of affirmative action designed to improve the well-
being of backward and under-represented communities defined primarily by their caste.

Affirmative action is intended to enhance life of deprived people. It works as a

set of measures approved by governments and public and private institutions such as
m

political parties, educational establishments, corporations and companies to address

a history of systemic discrimination and exclusion of particular social groups or to
encourage the efforts of particular social groups in the interests of certain development
)A

goals. Affirmative action is expected to improve development indicators by reducing

inequalities and facilitating the contribution of particular social groups to development.

Activity
1. Discuss the concept of egalitarianism.
(c

2. Discuss the term “accommodating differential treatment” and how it affects the
society.

Amity Directorate of Distance & Online Education

 70 Introduction to Politics-II

Questions and Exercises

Notes

e
1. Define economic egalitarianism.
2. What are the different aspects of right to equality?

in
Define differential treatment in consonance with equality of outcome.
3. Define affirmative action in Indian scenario.

nl
4. What are the repercussions of affirmative action in India?

Glossary

O
1. Brain Drain: Emigration of highly skilled and capable human resource
2. Endogamy: Marriage within own group

ty
References
1. https://plato.stanford.edu/entries/egalitarianism/
2. https://www.investopedia.com/terms/e/egalitarianism.asp

si
3. https://oxford.universitypressscholarship.com/view/10.1093/0198286481.001.
0001/acprof-9780198286486
4.
r
https://www.philosophybasics.com/branch_egalitarianism.html
ve
5. https://depot.ceon.pl/bitstream/handle/123456789/8642/16_pjas1.pdf?
sequence
6. https://plato.stanford.edu/entries/affirmative-action/
7. https://courses.lumenlearning.com/cochise-sociology-os/chapter/affirmative-
ni

action/
8. https://www.iffs.se/media/2420/Affirmative-action-and-relational-egalitarianism.
pdf
U

Answers: Check Your Understanding

1. Egalitarianism, birth
ity

2. fundamentally equal
3. economic resources
4. Political
m

5. differential treatment
6. Affirmative action
)A
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 71

Module-III: Justice
Notes

e
Unit-3.1: Meaning and Significance

in
3.1.1 Core Objective of Justice
3.1.2 Nature of Justice

nl
3.1.3 Western Theories
3.1.4 Problems in Regard to Concept of Justice

O
Unit-3.2: Types of Justice
3.2.1 Social Justice
3.2.2 Political Justice

ty
3.2.3 Economic Justice
3.2.4 Prevailing Implications of Justice

si
Unit-3.3: Procedural and Distributive Justice
3.3.1 Procedural and Distributive Justice for Self and Others
3.3.2 Variance in Distributive and Procedural Justice
r
3.3.3 Relationship between Procedural and Distributive
ve
3.3.4 Effects of Procedural and Distributive Justice
ni
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 72 Introduction to Politics-II

Unit-3.1: Meaning and Significance

Notes

e
Objectives:

in
At the end of this unit, you will be able to understand:

●● Core Objective of Justice

nl
●● Nature of Justice
●● Western Theories

O
●● Problems in Regard to Concept of Justice

Introduction
Man has been fighting for the preservation of justice for millennia. In democratic

ty
societies, justice takes precedence. Justice comes from the Latin word jus,
which means “to bind” or “to contract.” Dike is the Greek term for justice. It has the
connotation of being closer to righteousness.

si
Just conduct, equity, or the exercise of authority in the preservation or right are all
examples of justice. The idea of justice is as old as political science or political theory,

r
and it is also a vexing and contentious political science subject.
ve
In everyday expression, we speak about justice and injustice, but these phrases
apply to the laws and procedures that describe social processes and are related to
the conduct of individuals who engage in such behaviours, not to the desirability or
otherwise of the state of affairs or real income and wealth distributions.
ni

Individuals, states, and societies are all thought to have the right to justice.
Opportunities, incentives, and privileges are allocated in such a way that there is no
space for conflict or disappointment. The arrangement or rearrangement is recognized
U

by all as just, proper, acceptable, and reasonable. In ethical view, we can claim that
“Justice is the morally justifiable apportionment of rewards or punishments, each person
being given what he or she is due.”

Justice entails not depriving a person of his or her fair share of anything, such as
ity

wealth, profits, rights, or opportunities. When he is deprived, he will object and complain
that he has been treated unfairly. Plato, the Greek philosopher, assumed that in his
perfect state, no one would be deprived of everything and that everyone would be
paying their fair share.
m

If some kind of deprivation occurs, the condition cannot be optimal. As a result, we

may conclude that one of the essential elements of an ideal state, according to Plato, is
justice, and that the philosopher king must aim to achieve justice.
)A

3.1.1 Core Objective of Justice

The notion of justice is as old as political philosophy. Justice is given different
meanings from time to time. Justice is viewed as a virtue by some authors, although
(c

equality is held by others; it is often referred to as the “rule of law” by others. Justice is
an important part of not only political science, but also ethics, law, philosophy, and other
fields.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 73

Action taken in compliance with the provisions of a statute is known as justice.

Notes

e
Whether based on human consensus or social standards, these laws are meant to
ensure that all members of society are treated equally. Justice issues occur in a variety
of contexts and play an important role in triggering, perpetuating, and resolving conflict.

in
Just institutions tend to instil in community members a sense of security, well-being,
and happiness, while perceived injustices can lead to discontent, revolt, or revolution.

nl
The ideals of justice and equity are expressed differently in each of the domains,
resulting in various forms and conceptions of justice: distributive, procedural, retributive,
and restorative. In both the national and international levels, these modes of justice
have profound consequences for social, political, civil, and criminal justice.

O
Justice as a major concept: There are two main conceptions of justice in the world
of ideas. They are as follows:

ty
Numerical concept of justice - It distributes the same amount to each. The rule
was carried so far by the Greek city states that many offices were filled by lot. No
special knowledge or qualification was required to hold an office. Jeremy Bentham puts
it this way: “Everyone is to count for one, nobody for more than one.”

si
Geometrical concept of justice - It is a proportionate equality principle. It
translates to “equal share to equals” and “unequal share to unequals.” It means that

r
authority and patronage should be distributed in proportion to an individual’s worth or
contribution. This is something that both Pluto and Aristotle believe in.
ve
Justice, in its broadest sense, is the belief that people get what they deserve, with
the meaning of what constitutes “deserving” affected by a wide variety of fields and
opinions, including the principles of moral correctness based on ethics, logic, law, faith,
ni

equality, and fairness.

In everyday expression, we speak about justice and injustice, but these phrases
apply to the laws and procedures that characterise social processes and are related
U

to the conduct of individuals who engage in such practises, not to the desirability or
otherwise of the state of affairs or real income and wealth distributions.

In other words, justice entails the equal and secure protection of all people’s rights.
ity

It stands for peace among all nations, orderly living, and the just and equal security of
all people’s rights.

Features of Justice: Justice’s primary goal in prehistoric culture was to punish

criminals. The consequences were serious. The administration of justice included
m

an eye for an eye and a tooth for a tooth. The aim was to keep potential crimes from
happening. As a result, primitive justice was strictly destructive in nature. It is founded
on traditional morality, practise, or custody.
)A

The theory has been established in various ways by political philosophers

from Plato (427 BC-347 BC) to the twenty-first century. In his book THE REPUBLIC,
Plato, the father of political philosophy, described justice as functional specialisation.
He claimed that justice was ethical or metaphysical rather than based on traditional
morality.
(c

Plato also saw it as a quality of the soul and a mental habit aimed at creating an
organic community. Justice was considered by Plato as the highest virtue.

Amity Directorate of Distance & Online Education

 74 Introduction to Politics-II

1. Justice is connected to the shared relationships that people have in society.

Notes

e
2. Justice is founded on societal ideals and customs.
3. All facets of human actions in society are connected to justice. With this goal in

in
mind, laws are enacted and courts are created.
4. Justice’s goal is to provide all people with equal rights, opportunities, and
resources in a reasonable manner.

nl
5. Justice’s function is to balance the needs of individuals with the needs of society.
6. Justice is a fundamental principle that is inextricably connected to others such

O
as Liberty, Freedom, and Land.
7. Justice is the philosophy of balancing or reconciling human relationships in
society such that each person receives his or her due rights, responsibilities,

ty
and punishments.
8. Social justice, economic justice, political justice, and legal justice are all facets
of justice.

si
3.1.2 Nature of Justice
1. It is a difficult task to present a brief exposition of the characteristics of justice,
r
but despite this difficulty, we make an earnest effort to highlight the essence of
ve
justice. Since Aristotle’s time, it has been believed that the most fundamental
characteristic of justice is that equals are treated equally and unequals are
treated unequally. There must be a balance between these two classes.
Equals and unequals can be classified into two categories. Un-equals and
ni

equals should not be put together in the same bracket, according to others.
If we do so, we will be treating all superiors and unequals fairly. People who
are less skilled and eligible cannot demand the same advantages as people
U

who are qualified and qualified. Justice will never be a part of any culture if this
structure prevails.
2. Behind the statement of the preceding theory is the philosophy of rationality.
Giving due share to someone who is not entitled is usually unreasonable. The
ity

theory of rationality and the theory of justice are inextricably related. In fact, it is
impossible to distinguish between rationality and fairness.
Though Ernest Barker believes that justice is a social fact, it cannot be
distinguished from political science and, to some degree, philosophy. Political
m

scientists, on the other hand, are specifically concerned with justice because it
is only possible to obtain justice through the state machinery, which is the focus
of political scientists.
)A

3. We’ve already discussed in this section that when individuals are being
considered for rights and resources, variations must be taken into account
thoroughly and actively. But the question is, on what counts are gaps to be
taken into account? There are distinctions among men in terms of race, sex,
and religion. However, the gaps on these points should not be considered,
(c

since they are irrelevant to the award of civil and political rights.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 75

4. Some scholars have tried to figure out how justice and equality are linked. It has
Notes

e
been believed that authorities must make concerted efforts to create equality for
the sake of justice, and that when this is possible, justice will become a reality.
Norman Barry, on the other hand, believes that the relationship between justice

in
and equality is a controversial issue.
Many people have researched the relationship between justices in detail, and

nl
one of the most well-known is John Rawls. His key point of contention in terms
of justice is how equality and injustice can also be aspects of justice.
5. Though there is a debate about the relationship between justice and equality,

O
it is undeniable that it exists. There is a disconnect between equality and
preferential treatment. That is, whether certain people are treated differently
than others because of their wealth and profits, or for some other reason that
goes against the fundamental concept of equality. It is, however, in breach of

ty
the universal concept of justice.
6. When it comes to the allocation of opportunities while still pursuing fairness,
two criteria stand out: desert and need. This is how Norman Barry describes

si
desert. “The concept of desert refers to those properties of a man’s actions that
are worthy of special treatment”. A man’s acts are not only distinct from those
of other persons, but they also necessitate special consideration. That is to say,
r
acts should be rewarded. If this is not done, the people involved will be handled
unfairly.
ve
7. While a person’s special behaviours should be recognised by the authorities,
it is also important to remember that the behaviour must contribute to the
advancement of society. More acts (of any nature) do not necessitate a reward
ni

or special care.
8. Both the desert and the need as a criterion for government intervention should
be kept out of politics and emotion. The value of impartiality must be stressed.
U

Otherwise, all of these conditions would become obsolete.

3.1.3 Western Theories

ity

Plato: Plato’s Republic (360 BC) is mainly concerned with the issue, “What is
justice?” It is difficult to pin down a single concept of justice that can be attributed to
Plato since it was written primarily in Socratic dialogue. Rather, we hear numerous
interlocutors discussing various concepts of justice.
m

Overall, Plato conveys the notion that justice is the highest virtue: that justice is
a supreme “rightness” (the Greek is “dikaiosune,” the same term that is translated
“righteousness” in the New Testament) in which all facets of a society are in perfect
equilibrium and directed at the “Positive” (Plato’s “Form of forms”).
)A

In general, society is a miniature version of the just person: as there are three
parts to a man’s soul (temperament, appetite, and reason) that must be kept in
proper proportion if that man is to flourish, so too are there three parts to the “soul”
of the regional government (soldiers, traders, and philosophers, each characterised
(c

by either the predominance of disposition, food intake, or reason, above) that must
be maintained in proper proportion if the polis is to thrive. In the end, Plato’s vision of
justice is utopian: the harmonious equilibrium that distinguishes both the just citizen
Amity Directorate of Distance & Online Education
 76 Introduction to Politics-II

and the just society can be accomplished if those who are governed by reason
Notes

e
(“philosopher-kings”) also rule society.

Aristotle: Justice, according to Aristotle, is characterised by its social component:

in
“justice is the only virtue that seems to be another person’s good, because it is related
to another; for it does what benefits another, either the ruler or the fellow member of the
community”. Thus, “just is whatever produces and maintains happiness and its parts for

nl
a political community”.

This principle of justice is what Aristotle refers to as “general justice,” because it

represents “total virtue.” Aristotle then distinguishes it from “special justice,” which is

O
justice manifested in specific forms and circumstances. He defines an “unjust” individual
as “unfair,” and since “fair” is characterised by Aristotle as a Golden Mean between
abundance and poverty, injustice can be defined as an act where there is either too
much or too little good.

ty
As a result, “distributions must be proportionate” and “accord with worth.”

Augustine: We see a similar concept of justice-as-proportionality at play in

si
Augustine’s philosophy, but with the notably Christian belief that justice must begin with
a love of God that overrules and subordinates all other loves. Augustine goes on to
explain how and to what degree we can distribute justice to others. In addition, all men

r
must be loved equally. But, since you can’t help everybody, you should pay particular
attention to those who are brought into closer contact with you by coincidences of time,
ve
location, or situation.

Thomas Aquinas: Aquinas, like Aristotle, describes justice as a ‘rendering-to-

each-his-due’: “Now each man’s own is that which is due to him according to equality of
ni

proportion. Therefore the proper act of justice is nothing else than to render to each one
his own”.

Justice, according to Aquinas, is a cardinal virtue, while compassion, liberality, and

U

pity are secondary virtues in the sense that justice includes all of them. He makes the
following distinction between “commutative justice” and “distributive justice”: The former
refers to how one person communicates with another privately, while the latter refers to
how a society behaves against a single person and how it distributes common goods,
ity

such as names, wealth, rights, and opportunities, proportionately.

3.1.4 Problems in Regard to Concept of Justice

The definition of justice is not only divisive, but it also carries with it a slew of
m

issues. It’s fair to say that justice is, to some degree, the will-o’-the-wisp. It’s something
that won’t be easy to do, but it’s also something that can’t be given up on.
)A

1. Some claim that income and wealth redistribution is a perfect way to pursue
justice. But what parameters will be used to determine the redistribution of
income and wealth? There are numerous issues that have piqued the interest
of this topic.
2. Again, the notion of justice is fraught with difficulty due to its individualistic
(c

existence. What one man considers to be normal, another may consider to be

unfair, and both may have legitimate arguments.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 77

3. A significant number of people have been fascinated with the idea of social
Notes

e
justice in recent years. People are thinking seriously about achieving social
justice, particularly after World War II, because it is the only way to ensure
justice in all spheres of society. The question is, how can it be realised? Some

in
people claim that the only way to achieve social justice is to redistribute income
and resources. However, as we have already discussed, redistribution is not an
easy task.

nl
4. Many scholars have argued that when contemplating or preparing income or
wealth redistribution, desert, merit, and need should be used as parameters.
However, analyses of these criteria are not without flaws. An assessment of any

O
of these criteria differs from person to person, making it exceedingly difficult to
draw a conclusion.
5. In order to eliminate inequity by income and wealth redistribution, the state

ty
must play a dominant as well as constructive role. However, the government’s
role in the promotion of social justice has sparked a heated debate. Liberalism’s
proponents, in particular, are unable to give their consent to government
intervention. They claim that it would unquestionably encroach on people’s

si
rights.
6. Some people have a habit of putting justice and equality in the same category.
r
In other words, they agree that justice cannot exist without equality. However,
equality is a difficult concept to understand. Its relationship to justice has
ve
muddled both principles.
7. Many people believe that a just society can be created by enforcing a policy that
punishes vice while rewarding virtue. Again, who will decide what constitutes
ni

vice and what constitutes virtue? There are no general requirements for
determining what constitutes vice and what constitutes virtue.

Check your Understanding

U

1. Numerical concept of justice gives ........................share to all.

2. Geometrical concept of justice involves concept of ............................equality.
ity

3. Plato, the father of political philosophy, in his THE REPUBLIC defined justice as one
of.....................................
4. Justice is normally seen to be a property of........................., ....................or society.
5. Justice, according to ……………………………….., is a cardinal virtue, while
m

compassion, liberality, and pity are secondary virtues in the sense that justice
includes all of them.

Summary
)A

Justice is a notion of ethical correctness built ethics, rationality, law, natural law,
religion, equality and fairness, along with the implementation of the law, keeping in mind
the inalienable and inborn rights of all human beings, the right of all individuals to equal
protection before the law of their civil rights, without judgment on the foundation of race,
(c

gender, sexual preference, gender identity, national origin, colour, ethnicity, religion,
disability, age, wealth, or other characteristics, and is additionally considered as being
inclusive of social justice.
Amity Directorate of Distance & Online Education
 78 Introduction to Politics-II

Justice is disproportionately significant, according to most contemporary theories

Notes

e
of justice: “Justice is the first virtue of social institutions, as truth is of systems of
thought,” according to John Rawls. While these aspects are sometimes understood
to be interconnected, justice may be thought of as distinct from benevolence, charity,

in
prudence, grace, generosity, or compassion.

The principle of justice is one of the cardinal virtues. It has long been connected to

nl
ideas like destiny, reincarnation, and Divine Providence, suggesting an existence lived
in accordance with the cosmic scheme. As a result, the connection between justice and
fairness has been traditionally and culturally uncommon, and is likely to be primarily a
recent invention [in Western societies].

O
Activity
1. Discuss core objectives of justice.

ty
2. Discuss the meaning and significance of justice from Indian perspective.

Questions and Exercises

si
1. What are different features of justice?
2. What are different western theories of justice?
3. r
What are different issues related to concept of justice?
ve
Glossary
1. Exposition – a comprehensive description and explanation of an idea or theory
2. Interlocutors – a person who takes part in a dialogue or conversation
ni

3. Obsolete – no longer produced or used; out of date

References
U

https://www.politicalsciencenotes.com/theories-of-justice/justice-definition-
problems-and-nature/751
https://www.humanrightscareers.com/issues/10-reasons-why-social-justice-is-
ity

important/

Answers: Check Your Understanding

1. Equal
m

2. Proportionate
3. Functional specialization
)A

4. Individuals, state
5. Aquinas
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 79

Unit-3.2: Types of Justice

Notes

e
Objectives:

in
At the end of this unit, you will be able to understand:

●● Social Justice

nl
●● Political Justice
●● Economic Justice

O
●● Prevailing Implications of Justice

Introduction
Justice is a broad term that affects almost every aspect of human life. Justice is

ty
derived from the Latin word Jungere, which means “to bind or tie together.” The word
‘Jus’ can also be translated as ‘Tie’ or ‘Bond.’ In this sense, justice can be characterised
as a system in which men are entwined or bound together.

si
Justice strives to bring diverse ideals together and coordinate all human
relationships around it. As a result, justice entails tying, combining, or organising
individuals into a right or equal system of relationships.
r
ve
The most critical and frequently debated purpose of the state and society is justice.
It is the foundation of human living in order. Justice necessitates the control of people’s
selfish acts in order to ensure a reasonable distribution, equal treatment of equals, and
equitable and just compensation for everyone. It reflects a balance between personal
interests and social goals.
ni

Political philosophy puts a high emphasis on justice. Appeals are filed in the name
of justice to justify or oppose government legislation, regulations, judgments, and acts.
U

The slogan “We want Justice” is often raised by those participating in every protest to
protect their interests. Both civil rights movements are simply excuse movements.

Justice is characterised as the application of the law, the absence of arbitrariness,

and a system of equal rights, freedoms, and opportunities for all members of society.
ity

In reality, justice is regarded as the first virtue, ideal, or goal to be achieved. The
Constitution of India prioritises ensuring social, economic, and political justice for all of
its citizens in its Preamble. In today’s world, justice is primarily understood in terms of
social justice.
m

3.2.1 Social Justice

In today’s world, a significant number of academics tend to refer to the idea of
)A

justice as “social justice.” Social justice is characterised as the equality of all people in a
society, with no discrimination on the basis of religion, caste, creed, colour, sex, or rank.

Scholars, on the other hand, describe the idea of social justice in a number of
ways. Some claim that social justice means allocating each person’s equal share of the
(c

social pie. Others contend that social justice is the fair allocation of social benefits and
rights based on the rule of law and justice.

Amity Directorate of Distance & Online Education

 80 Introduction to Politics-II

What is Social Justice?

Notes

e
“Social justice is another name for equal social rights.” “Social Justice aims
to provide equal opportunities to every individual to develop his inherent

in
qualities.”
Barker -

“By social justice we mean ending all kinds of social inequalities and then

nl
to provide equal opportunities to everyone.”
C.JP.B. Gajendragadkar -

Social justice, according to social democrats and progressive liberal theorists,

O
is the effort to reconstruct the social order in compliance with moral values. Attempts
to correct social inequality must be made on a continuous basis. It also stands for a
morally just and defensible system of societal compensation and duty distribution that is
free of prejudice or inequality towards any individual or group of people.

ty
The Indian Constitution contains many clauses aimed at ensuring social,
economic, and political justice. Untouchability has been declared illegal under the law.
Every person has the right to access any public place, place of worship, or place of

si
entertainment on a fair basis.

The state cannot discriminate against people based on their birth, caste, colour,
r
creed, sex, religion, title, or rank, or any combination of these factors. Apartheid and
untouchability are antithetical to the spirit of social justice. The lack of affluent social
ve
classes is a central aspect of social justice.

Why Social Justice Is Important

ni

“Social justice is another name for equal social rights.” Its goal is to give every
person an equal chance to improve his or her inherent abilities. We define social justice
as the elimination of all forms of social inequity followed by the provision of equal
opportunity to all citizens.
U

The belief in social justice is that everyone should have equal rights and
opportunities. However, there is a lot of misunderstanding about what this means.
Examining the past of social justice will help you better understand it.
ity

History of social justice: Following the industrial revolution and into the progressive
period, early debates of social justice focused on the widening divide between rich and
poor. Following the Great Depression, the field of social work underwent a paradigm
change, focusing on social justice. After John Rawl, an American political scientist,
m

published “A Theory of Justice External link” in 1971, the concept of social justice
gained further attention. People have “an equal right to the most extensive system of
equal basic liberties compatible with a similar system of liberty for all,” according to its
)A

guiding principle.

The effort to reconstruct the social order in accordance with moral values is
described by social democrats and modern liberal thinkers as social justice. Efforts
to correct social inequality must be made on a continuous basis. It also stands for a
morally just and defensible system of societal compensation and duty distribution that is
(c

free of prejudice or inequality towards any individual or class of people.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 81

The Indian Constitution contains many clauses aimed at ensuring social,

Notes

e
economic, and political justice. Untouchability has been declared illegal under the law.
Every person has the right to access any public place, place of worship, or place of
entertainment on a fair basis.

in
In recent years, the word “social justice” has gained popularity on par with “human
rights.” What exactly is social justice? It’s basically a social definition of justice. This

nl
holds true for wealth distribution, opportunities, basic needs, and more. It’s become
more common over the years, and you’ll hear it mentioned in conversations about
gender, race, and the world.

O
The value of social justice is as follows: Fairness and equality are promoted by
social justice in many fields of society. It promotes fair economic, educational, and
workplace opportunities, for example. It’s also critical for people’s and communities’
safety and security. “The absence of social justice results in social oppression.”

ty
Some reasons why everyone should care about social justice are:

It ensures that everybody has access to the necessities of life: When it comes

si
to justice, everybody is owed basic necessities. The big three are food, shelter, and
healthy drinking water. These are mostly taken for granted by the majority of people in
some cultures, but there are still gaps.

r
Other nations, where basic needs are just as essential but not met, are often
ve
affected by social justice. People are fighting for social justice by standing out in favour
of basic needs.

It ensures that everybody receives sufficient medical care: It is impossible to

overestimate the value of good health. It’s a life-or-death situation. The healthcare
ni

system of a country decides who receives what services and how much they must
sacrifice to receive the treatment they need. People fighting for social justice in
healthcare are advocating for fair and more equitable insurance policies, prescription
U

availability, and other issues.

It protects people with disabilities: People with disabilities have been marginalised
and overlooked for many years, but with the rise of social justice, they are now being
ity

noticed. Discrimination against people with visible and invisible disabilities (such as
mental illness) is widespread in the workplace, in healthcare, and elsewhere. Disability
rights must be included in social justice for it to really be justice for all.

It protects people from prejudice based on their religion: Religious freedom falls
m

straight into the lap of social justice because religion is such an important part of a
person’s identity. Many countries have laws that restrict religious liberty, although
others refuse to uphold existing safeguards. All religions, including a person’s right
to not practise any religion, should be free and protected, according to social justice
)A

advocates.

It guards against ageism: As people grow older, they are often discriminated
against solely because of their age. They may be dismissed from their work in favour
of a younger employee, or they may be treated with contempt in their everyday lives.
(c

Ageism is a type of prejudice that comes under the social justice umbrella.

Amity Directorate of Distance & Online Education

 82 Introduction to Politics-II

It protects people from discrimination based on sexual orientation: Members of the

Notes

e
LGBTQIA community are often discriminated against in all aspects of their lives.

In many tragic situations, it costs people their opportunity to work, love, and even

in
live, so it’s a big part of social justice to fix it. In order for a culture to be considered
“just,” LGBTQIA people must be handled equally.

It protects people from racism: Racial inequality is a big problem in most

nl
communities. It can make it difficult for people to find jobs, live in peace, marry the
person of their choice, among other things. One of the most significant characteristics of
social justice is that people of all races will live together and have equal opportunities.

O
It contributes to gender equality by: Discrimination based on gender appears to be
one of the world’s oldest types of oppression. Women and girls have always been the
most marginalised group in history, and it only gets worse if they are also members

ty
of another oppressed group, such as a certain race or religion. Social justice seeks to
close the gender gap and empower women everywhere.

It leads to economic equality: The gap between the wealthy and the poor seems to

si
be widening all the time. It is just not fair that some people struggle to feed their children
while others receive a severance package worth millions of dollars. Equality does not
imply that everyone is wealthy; rather, it should imply that everyone can meet their

r
basic needs and survive without fear of being thrown out on the streets if they suffer a
setback. The aim of social justice is to ensure everyone’s economic security.
ve
It assists in the enhancement of educational opportunities for children: A good
education is essential for breaking the cycle of poverty and allowing everyone to
achieve their goals. Thousands of individuals, on the other hand, are unable to obtain
ni

an appropriate education solely because of where they reside or because of other

forms of discrimination. All should be able to learn in a healthy, promoting, and equal-
opportunity environment, according to social justice. When children are taught, society
as a whole, profits.
U

For fostering social justice, the following methods are used:

●● Focus on diversity
ity

●● Challenge the insinuations of oppression

●● Study and tackle the mindsets and behaviours that bear oppression
●● Assume an all-encompassing attitude
m

3.2.2 Political Justice

Political justice entails providing all people with equal political rights and
opportunities to participate in the country’s administration. Citizens should be able to
)A

vote without fear of discrimination based on faith, colour, caste, creed, sex, birthplace,
or social status. Every person should have the same opportunity to vote and run for
office.

There are two aspects of legal justice –

(c

●● The construction of fair laws

●● To carry out justice in accordance with the laws

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 83

The rulers’ will should not be forced on the governed when making rules. Public
Notes

e
sentiment and public needs should guide legislation. Social principles, morals,
conventions, and the principle of right and wrong must all be kept in mind at all times.

in
People do not fully embrace or abide by laws if they do not follow social standards
and morality guidelines. The enforcement of laws becomes an issue in this case. Laws
are only if they are embraced not out of fear of external force, but out of an internal

nl
sense that they are healthy, just, and fair.

The word “judicial justice” applies to the rule of law, not the rule of any individual.
It states that all men are equal before the law and that the law applies equally to all. It

O
ensures that everybody is protected by the law. The law makes no distinction between
the wealthy and the poor. The objective and proper administration of justice by courts of
law is a necessary component of legal justice.

ty
The legal process must be easy, fast, equitable, accessible, and efficient. There
should be adequate machinery in place to deter criminal activities. “The aim of law is
the establishment of what is legitimate; provide legal security, and prevention of unjust
actions.” -Salmond.

si
Therefore, Justice has four main forms:

●● Social Justice
●● Economic Justice r
ve
●● Political Justice
●● Legal Justice
All of these types are inextricably connected and interdependent. Only when justice
ni

occurs in all four dimensions is it fully possible. There can be no true Political and Legal
Justice without Social and Economic Justice.

When social and economic inequalities exist, democratic and equal justice are still
U

denied. A marginalised and disadvantaged individual is practically unable to engage

in the democratic process or obtain legal protection from the courts. Similarly, without
political rights and equal justice under the law, no one’s social and economic rights
and freedoms can be truly secured. Furthermore, the existence of freedom, liberty, and
ity

equality in society is needed for justice to truly characterise life in society.

3.2.3 Economic Justice

Economic justice and social justice are inextricably connected because the
m

economic system is still a part of the social system. Individual economic rights and
resources are still a part of the larger social structure.
)A

Economic justice requires that all people have equal opportunities to earn a living
and obtain fair wages, helping them to meet their basic needs and aiding their growth.
The state should provide them with financial support through sickness, old age, and
disability.

No entity, party, or class should be able to exploit others or be exploited. The

(c

distribution of wealth and resources should be equal and equitable for all citizens.
The disparity between the wealthy and the poor should be minimal. The benefits of
prosperity must be shared by all.
Amity Directorate of Distance & Online Education
 84 Introduction to Politics-II

There are some common viewpoints on what economic justice means. Liberals
Notes

e
assume that free competition is fair and that private property is important.

Socialists, on the other hand, want to take full control of society and the entire

in
economic system.

They condemn the ownership of private land. Whatever philosophy or structure is

in place, one thing is certain: all people must have access to the necessities of life.

nl
All people must have their basic human needs met (Food, clothing, shelter,
education, health and so on).

O
3.2.4 Prevailing Implications of Justice
Justice and equity are often used interchangeably in organisational literature.
Justice is described in this literature as antecedents and structures that are

ty
characterised by a conviction that outcomes are warranted, entitlements are met,
and outcomes and processes are morally acceptable. Justice, according to this
definition, is a subjective term shaped by an individual’s own perceptions, values, and

si
cultural norms, as well as what the individual thinks will happen to others in similar
circumstances. Justice is often a relative term, whose definition and execution are
affected by social and cultural norms.
r
Justice is a concept that is as old as political philosophy. Justice has been given
ve
several different meanings over the years. Justice is viewed as a virtue by some
authors, while equality is viewed as a virtue by others. It is referred to as the “rule of
law” by others. Justice is a crucial component of not only political science, but also
ethics, law, philosophy, and other disciplines.
ni

Since the late 1920s, when the Revolution of Human Relations started, the belief
that people are the most critical elements in organisational structures has occupied a
central position in discussions on administrative issues. However, there is still a lot to
U

learn about the human aspect and the powers that deal with it.

According to Barnard (1971), no organisation theory can be complete without

understanding the psychological forces that influence human behaviour. To put it
ity

another way, human nature is the key to comprehending organisations. If this does not
happen, values are taken for granted, resulting in the use of inefficient administrative
strategies. As a consequence, individual and organisational goals will be out of sync,
resulting in inefficient or inconsistent outcomes.
m

Implications of justice - The definition of justice entails the following:

●● It necessitates a just state of affairs

●● It is congruent with the moral condition
)A

●● It conveys a sense of justice in the allocation of gains and losses

●● It typically prevails as an exception in a non-democratic environment

Check your Understanding

(c

1. Justice means bonding or joining or organising people together into a ...............or

..................order of relationships.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 85

2. Justice demands the regulation of selfish actions of people for securing a.................
Notes

e
.............., equal treatment of equals, and ..................and just rewards for all.
3. Justice stands for rule of law, absence of ..........................and a system

in
of............................, freedoms and opportunities for all in society.
4. Social justice has to do with the belief that all people should have ...............................
and...........................

nl
5. In the Indian Constitution several provisions have been provided with a view to
secure ...................., economic and ..........................justice.

O
Summary
The idea of a correct proportion between a person’s deserts (what is deserved)
and the good and bad events that befall or are allotted to him or her is called justice in

ty
philosophy. Almost all Western narratives of justice begin with Aristotle’s examination of
the virtue of justice.

Giving each person what he or she needs, or, in more common words, giving each

si
person their due, is what justice entails. Justice and fairness are two words that are
sometimes used interchangeably nowadays. However, there have been several more
distinct meanings of the two words.

r
Fairness has often been used to refer to the ability to make decisions that are
ve
not overly general but concrete and unique to a particular situation. Although justice
generally refers to a principle of rightness, fairness also refers to the ability to judge
without regard to one’s feelings or interests. In either case, the concept of being treated
fairly is critical to both justice and fairness.
ni

There are many types of justice. As a consequence, justice is an integral component

of ethics and should be prioritised in our moral lives. We must question if our acts treat
all people fairly before evaluating some moral decision. If not, we must ask whether the
U

discrepancy in care is justified: are the criteria we’re using sufficient for the situation? But,
when it comes to making ethical choices, fairness isn’t the only factor to remember.

Justice principles which need to be overridden on occasion in favour of other moral

statements, such as freedom or the protection of society. Nonetheless, justice is an
ity

expression of our shared acceptance of each other’s fundamental integrity, as well as

an understanding that we must treat each other as equals if we are to live together in an
interdependent culture.

When people disagree on what should be offered, or when decisions must be

m

taken about how rewards and responsibilities should be distributed within a community
of people, questions of justice and fairness invariably arise. In fact, most ethicists today
claim that if it weren’t for the conflicts of interest that exist when goods and services are
)A

scarce and people argue on who should get what, there would be no point in arguing
about justice or fairness.

We need principles of justice that we will all embrace as rational and equitable
criteria for deciding what people deserve when such disputes occur in our society.
(c

Activity
1. Discuss social justice in contemporary times.
Amity Directorate of Distance & Online Education
 86 Introduction to Politics-II

2. Discuss economic justice as an integral part of the social system.

Notes

e
Questions and Exercises

in
1. Why is social justice important?
2. What do you mean by political justice?
3. What are prevailing implications of justice?

nl
4. Define different strategies that are adopted for promoting social justice.

References

O
“Social Justice and Social Work External link ” by Michael J. Austin
“Social Work and Social Justice: A Structural Approach to Practice External link”
by Colleen Lundy

ty
“Social Justice Isn’t What You Think It Is External link ” by Michael Novak
“Social Justice Theory and Practice for Social Work External link ” by Lynelle

si
Watts and David Hodgson
https://www.yourarticlelibrary.com/speech/speech-on-justice-meaning-and-
types-of-justice/40361
r
Answers: Check Your Understanding
ve
1. Right, Fair
2. Fair distribution, Proportionate
3. Arbitrariness, Equal rights
ni

4. Equal rights, Opportunity

5. Social, Political
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 87

Unit-3.3: Procedural and Distributive Justice

Notes

e
Objectives:

in
At the end of this unit, you will be able to understand:

●● Procedural and Distributive Justice for Self and Others

nl
●● Variance in Distributive and Procedural Justice
●● Relationship between Procedural and Distributive

O
●● Effects of Procedural and Distributive Justice

Introduction
Action taken in compliance with the provisions of a statute is known as justice.

ty
Whether based on human consensus or social standards, these laws are meant to
ensure that all members of society are treated equally. Justice issues occur in a variety
of contexts and play an important role in triggering, perpetuating, and resolving conflict.

si
Perceived injustices may lead to discontent, revolt, or revolution, while just institutions
tend to instil a sense of security, well-being, and satisfaction among society members.

r
Almost every sphere and level of social life is affected by the distribution of
scarce resources. Scarce resources are distributed not only within the family, but also
ve
in the workplace, sports, friendship relationships, politics, public institutions, legal
environments, and other settings. The allocation of scarce resources is an issue that
affects society at all levels: micro, meso, and macro.

●● Family, friendship relationships, education, sport, and work teams all fall under
ni

the micro level

●● Job organisation, the court, and the meso level are all part of the meso level
U

●● Government entities, the national economy, and others are included in the
macro level
People also assess how scarce resources are allocated in terms of justice and
fairness. Fairness is essential and affects people’s feelings and behaviour in social
ity

interactions, according to a well-established finding. Psychology has traditionally

focused on micro-level distribution systems, while sociology favours a macro-level
approach. Psychologists are interested in the antecedents and implications of justice
assessments on a micro level.
m

The moral approach to justice has gained a lot of attention in the sociological
tradition. This approach is concerned with the issue of what constitutes or should
constitute a just distribution. An authority (an individual or an agency with varying
)A

degrees of discretionary control to allocate resources) and one or more beneficiaries

of the allocated resource are often involved in a resource distribution or allocation
process. The resource is divided between the weighing authority and one or more
others, or between others.
(c

Authorities use distributive principles including equality (everyone earns the same
sum), equity (the obtained amount of the resource equals contributions), and need
while making allocation decisions (outcomes satisfy needs).

Amity Directorate of Distance & Online Education

 88 Introduction to Politics-II

Each sphere communicates the ideals of justice and fairness in its own unique way,
Notes

e
resulting in a variety of forms and definitions of justice:

●● Distributive

in
●● Procedural
●● Retributive
●● Restorative

nl
In both the national and international levels, these forms of justice have significant
consequences for socioeconomic, political, civil, and criminal justice.

O
3.3.1 Procedural and Distributive Justice for Self and Others
Procedural justice is concerned with making and enforcing decisions in accordance
with fair procedures in order to ensure “fair treatment.” In order to arrive at an unbiased

ty
judgement, rules must be applied uniformly and impartially. Those who carry out the
procedures should be impartial, and those who are directly affected by the decisions
should have a voice or representation in the process.

si
People are more likely to embrace results, even though they do not like them, if
they think the procedures are reasonable. Many dispute resolution techniques, such as
negotiation, mediation, arbitration, and adjudication, depend on fair procedures.

r
Procedures in legal settings have been observed in the past, and people’s
satisfaction with two legal systems has been contrasted:
ve
●● Adversary system - As utilized in the United States and England
●● Continental system - As utilized in Europe
When people were asked how pleased they were with their systems, the adversary
ni

system was scored higher than the other. Procedural justice is concerned with making
and enforcing decisions in compliance with fair procedures that guarantee “justice.”
In order to arrive at an unbiased judgement, rules must be applied uniformly and
U

impartially. Those who carry out the procedures should be impartial, and those who are
directly affected by the decisions should have a voice or representation in the process.

People are more likely to embrace results, even though they do not like them, if
they think the procedures are reasonable. Many dispute resolution techniques, such as
ity

negotiation, mediation, arbitration, and adjudication, depend on fair procedures.

Distributive Justice: Economic justice, or distributive justice, is concerned with

ensuring that all members of society receive a “fair share” of the available benefits and
services. Although most people believe that wealth should be distributed equally, there
m

is a lot of debate over what constitutes a “fair share.”

Equity, equality, and need are several potential distribution parameters. (Equity implies
that one’s compensation should be proportional to one’s contributions to society, while
)A

“equality” implies that everyone earns the same amount regardless of their contribution.)

The justice assessment of the distribution result is referred to as distributive justice.

Several factors influence what a receiver considers to be his or her just desert. The
form of rule that is used is one of the variables:
(c

●● The equity
●● Equality

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 89

●● Need rule
Notes

e
According to the equality rule, an equal division of the shares is considered fair,
while the equity rule considers the same division to be unjust.

in
Other considerations include:

●● The valence of the result

nl
●● The form of authority-recipient relationship
●● How the resources are generated
In fact, the equality law tends to be the most straightforward. Regardless of

O
recipient characteristics or discrepancies between recipients, everyone receives the
same amount of a good. In this case, the allocator must estimate each recipient’s
degree of need, which is always a difficult job. However, rather than being a mixture of
many need states, his perceived need is often one-dimensional.

ty
If the equity rule is used, it is more difficult to assign products and determine the
results of the allocation decision. The allocator and recipients must not only integrate
the delivered inputs (contributions, status, and age), but they must also compare their

si
own and others’ inputs. Several models have been proposed to illustrate how recipients
integrate input information. These are:

r
Cognitive algebra model: Combining inputs additively could better predict the
outcome (salary or bonus) when explaining outcomes (salary or bonus) based on
ve
multiple input information.

Linear relationship between input and outcome: Each increment in the input is
connected to an even greater increment in the outcome in a linear relationship, though
ni

the input increment does not have to be the same magnitude as the outcome increment.
The product moment correlation would be one if both increments are the same.

The equitable distribution of rewards and responsibilities, such as wages,

U

incentives, and taxes, is central to distributive justice. All various generations of people,
a unique distribution of benefits and burdens occurs. The authors propose three ways in
which justice and unity are intertwined:
ity

●● Justice needs unity as a precondition

●● Fairness and unity as mutually reinforcing mechanisms
●● Unity needs fairness as a precondition
Distribution based on need means that those who require more will receive more,
m

and those who need less will receive less.) Distributive justice, or the fair distribution
of wealth, is vital to a society’s stability and members’ well-being. Different people will
define “fair” in different ways: some will define it as equity, while others will define it as
)A

equality, and still others will define it as need.

Intractable disputes often occur when questions of distributive justice are not
properly addressed and the item to be distributed is highly priced.

3.3.2 Variance in Distributive and Procedural Justice

(c

In both ethics and legal and political theory, the principle of justice is fundamental.
We extend it to individual acts, rules, and public policies, and we believe that if they are

Amity Directorate of Distance & Online Education

 90 Introduction to Politics-II

unjust, this is a compelling, if not definitive, justification to condemn them in each case.
Notes

e
Justice was once considered one of the four cardinal virtues; more recently, John Rawls
famously identified it as ‘the first virtue of social institutions’.

in
Justice ideals come in many forms, and some of them are beneficial to one’s
personal well-being. These characteristics point to a major but underappreciated
potential for cross-cultural parallels and disparities in the structure, endorsement, and

nl
wellness-promoting roles of justice beliefs.

It is difficult to overestimate the value of perceived equal treatment and its effect on
employee job satisfaction. Structured procedural justice, interpersonal procedural justice,

O
and distributive justice each accounted for substantial specific variation in employee job
satisfaction, according to hierarchical regression studies. Furthermore, all three types
of organisational justice expectations substantially predicted work satisfaction when job
satisfaction was regressed on all three types of organisational justice.

ty
Interpersonal procedural justice and distributive justice, on the other hand, were
found to be more strongly linked to job satisfaction, with distributive justice providing the
strongest correlation of the three fairness perceptions.

si
The degree to which fair decision-making processes are used to reach a decision
is referred to as procedural justice. People aren’t just concerned with incentive

r
equity. They also expect equity in decision-making processes. Employees care about
the procedural fairness of certain organisational actions, like layoffs, job selection,
ve
employee surveillance, performance appraisals, and compensation decisions,
according to study. People are also more concerned with procedural justice when they
do not get the result they believe they deserve.
ni

Why is procedural justice important to employees? There are three plausible theories.

First, many people feel that justice is a purpose in and of itself, and that it is the
right thing to do.
U

Second, equitable procedures ensure that potential benefits can be received.

Third, fairness shows that the corporation supports its workers and is concerned
about their well-being.
ity

Procedural justice can be achieved in a variety of ways, according to research.

Giving workers advance notice before laying them off, firing them, or disciplining them,
for example, is thought to be fair. Employees should prepare for the changes that are
coming their way with advance notice, or they can change their actions until it is too
m

late. It’s also important to give workers a say in decision-making.

It’s a good idea to get people’s feedback when developing a performance-appraisal

framework or implementing a reorganisation because it improves fairness expectations.
)A

And if workers are unable to participate, giving clarification to them is beneficial in

promoting procedural justice. Individuals would view decision-making as unfair if one
person is given extra time while taking a test when another is not.

Giving attention to these three forms of justice attitudes will help employers. Paying
(c

attention to justice perceptions contributes to results that businesses care about, in

addition to being the right thing to do. Injustice has a direct negative impact on the
psychological wellbeing and well-being of workers, and it leads to stress.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 91

High levels of justice contribute to enhanced employee loyalty to companies, which

Notes

e
is linked to improved work efficiency, corporate citizenship (behaviours that are not part
of one’s job description but support the organisation in other ways, such as speaking
positively about the business and assisting others), and customer satisfaction. Low

in
levels of justice, on the other hand, contribute to retaliation and support for unionisation.

3.3.3 Relationship between Procedural and Distributive

nl
Organizational success necessitates strategies to sustain high quality and
productivity in terms of employee results on the one hand, and employee well-being

O
within the context of a stable company and healthy organisation on the other. This is
especially true given the high levels of specialisation and technology of work demanded
by today’s world of work and globalisation. This scenario necessitates a sustained and
consistent emphasis on new renewal and upgrading strategies.

ty
The preservation of workers’ job satisfaction is a vital component of human
resource strategies. Job satisfaction has long been described as “a pleasurable or
positive emotional state resulting from the appraisal of one’s job or job experience.”

si
It can also be thought of in terms of the cognitive aspect of hedonic well-being in the
context of work.

Several studies show that work satisfaction has a significant impact on happiness,
r
quality of life, physical and mental wellbeing, as well as individual success and, as a
ve
result, organisational productivity. Dissatisfaction, on the other hand, is often correlated
with turnover intentions, absenteeism, lower engagement, and bad work results.

In an employee’s assessment of an entity and its members, procedural justice was

a significant indicator of organisational loyalty and confidence. Employee turnover is
ni

expensive to a company because of the time and money spent in such workers, as well
as the time and money needed to replace those who quit.
U

Procedural justice will result in a stronger sense of attachment to the organisation,

particularly among those who feel valued by it. There is a clear positive association
between procedural justice and successful dedication, which is closely linked to
turnover intentions.
ity

The concept of distributive justice has a huge impact on turnover intentions. When
workers are considering leaving the company, they actively look for other opportunities.
They may decide to leave their current job if they find better opportunities. Employees
can emotionally or mentally withdraw from the organisation even if opportunities
m

are unavailable or unappealing, leading to increased absenteeism and decreased

enthusiasm and effort on the job.

Employees’ views of distributive justice improve, and their desire to leave the
)A

company declines. This also ensures that when workers feel the organization’s
distributive justice is equal, they are unlikely to leave. As a result, there is a negative
relationship between employee turnover intention and distribution. Furthermore, happier
workers can remain with a company longer if they have no intention of quitting or
returning.
(c

Despite the fact that distributive justice influences turnover intentions, there was no
evidence of a connection between procedural and turnover intention. The relationship

Amity Directorate of Distance & Online Education

 92 Introduction to Politics-II

between distributive justice and turnover intentions was important but moderate. This
Notes

e
indicates that when the organization’s distributive justice is strong, the risk of workers
leaving is quite low. This indicates that distributive justice is critical in deciding whether
or not workers can leave the company. As opposed to distributive justice, procedural

in
justice is a stronger indicator of turnover intention, according to other findings.

Nonetheless, the findings corroborated previous findings that distributive justice

nl
was more relevant than procedural justice in determining turnover purpose. When
determining whether to leave or remain in the company, respondents were more
concerned about the results, which included equal pay, promotion, wage, annual
increase, bonus, and incentives. This is understandable considering that the majority of

O
people struggle to make a living and to fulfil their basic needs.

Other results supported the hypothesis that distributive justice would predict employee
turnover intentions. Their results revealed that distributive justice outcomes can be used as

ty
a judge to decide whether people can leave or stay. It’s worth noting that Procedural Justice
did not show a connection between turnover intention and the probability of turnover.

According to previous studies, there is a negative association between procedural

si
justice and employee turnover intentions. Employees will develop negative attitudes
about their company if they feel it is unfair because it uses unfair processes for
resource allocations. They will almost certainly resign if this is the case.

r
There was no association between procedural justice and turnover intention,
ve
and the degree of significance was not significant. There was a correlation between
distributive justice and turnover intention that was negative. The findings revealed a
modest but substantial relationship between distributive justice and turnover intention.
ni

3.3.4 Effects of Procedural and Distributive Justice

Work-Related Stress and CPD: Physical stress, behavioural stress, and job
exhaustion are both exacerbated by organisational stressors. Promoting employee
U

health and safety, as well as enhancing the quality of private life, are vital aspects of
the job. Personal and job characteristics, gender, experience, school setting, and
organisational culture are all stressors for teachers. The success of multiple repetition
techniques is hoped for by the instructor. Supervisory assistance can help to minimise
ity

workplace tension while also increasing job satisfaction and productivity.

Workplace tension has been shown to have a negative effect on employee

performance. CPD will be low when teacher stress is high, and vice versa. There is a
connection between teacher job stress and physical/psychological resistance, both of
m

which have an impact on their health and performance.

In this case, a general model of stress is ineffective in identifying stress predictors

and job satisfaction in a specific work setting. It’s crucial to consider how stress
)A

interacts with other factors including Ethical Climate (EC), Procedural Justice (PJ), and
Distributive Justice (DJ) (DJ).

Procedural Justice and Work-related Stress: In the moral philosophy system

originating from society, the principle of organisational justice takes centre stage. As a
(c

consequence, all aspects of organisational justice must be taken into account. In the
identification of employee organisations, organisational sense of justice plays a positive
predictive role.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 93

Furthermore, organisational identity promotes organisational citizenship behaviour

Notes

e
and serves as a mediating factor in the relationship between organisational justice
and organisational citizenship. The most successful way for competent institutions to
alleviate stress would be to raise fair wages in decent working conditions.

in
Organizational justice company assists employees in reducing their stress levels.
The stress levels of workers are significantly influenced by distributive justice and

nl
procedural justice.

Distributive Justice and Work-related Stress: There is a clear connection

between distributive justice and procedural justice and workplace stress. Individual

O
perceptions of agreed fairness in the distribution of corporate resources are referred
to as distributive justice. Furthermore, the most significant form of distributive justice is
internal distributive justice.

Internal and external similarities combine and have a profound effect on distributive

ty
justice. The implementation of school policies is aided by organisational justice activities
in schools. Salaries and professional allowances for teachers play a significant role in
teachers’ perceptions of distributive justice.

si
The principal’s role in cultivating a healthy ethical environment has a direct
effect on teacher performance. The ethical environment in which principals act has
a significant impact on teacher conduct. In this case, self-centred principal factors
r
have an effect on the teacher’s comfort at work. The more the principal struggles to
ve
create a supportive environment, the more stressed the teacher becomes. Otherwise,
the principal’s position will not produce teacher inspiration if he or she is unable to
cultivate a positive ethical environment. The teacher is not troubled by elements of self-
development. It is also likely that this condition would not inspire teachers to work well.
ni

The principal’s ethical climate has an effect on teachers’ work-related ethics. To

promote a conducive atmosphere in the school setting, particularly for the teachers,
the principal’s stress and emotional control should be preserved. This is because the
U

principal’s ethical environment can influence teacher actions, especially in terms of the
certification program’s work stress management. Furthermore, supervisory support for the
principal will lower work stress and, as a result, improve job satisfaction and productivity.

Furthermore, education management organisations and principals should accept

ity

the justice form for the teacher’s results. Financial considerations, such as how the
payment process is treated, become successful stress-relieving strategies. The teacher
credential allowance affected their procedural and distributive justice.

The teacher’s job stress would be minimised if procedural fairness and distributive
m

assured payment are introduced. Since there is a major negative relationship between
distributive justice and procedural to work stress, it is vital that all teachers have
regulation policy issues that will ensure their wellbeing such that teacher stress is
)A

minimised and teachers can perform well in CPDs.

Teachers may experience less job stress if they have access to a reasonable resource,
such as a fair salary. The teacher’s work stress will be reduced if the government pays a
reasonable wage with specific rights and responsibilities in the certification programme;
(c

otherwise, if there is no fair resource, the teacher’s work stress will increase.

As a result, educational institutions should have study rules that are standardised
with the regulated government to ensure the wellbeing of teachers so that they are not
Amity Directorate of Distance & Online Education
 94 Introduction to Politics-II

overworked. Teachers will concentrate on core roles and obligations for success, which
Notes

e
will help to increase the efficiency of human resources.

It should be remembered that there are intrinsic factors that enhance performance

in
motivation. Furthermore, collaborative educational research and teacher support are
needed to ensure that teachers are not stressed. Continuous professional development
(self-development in science events, scientific journals, and creative works) in courses/

nl
workshops, educational conferences or seminars, certification programme, involvement
in teacher networks, individual or collaborative research, mentoring and/or peer
mentoring are all vital for potential professional teachers to retain their quality.

O
Check your Understanding
1. Distribution of scarce resources is a problem affecting society at the................
,................. and ...................levels.

ty
2. Distributive justice, or economic justice, is concerned with giving all members of
society a “fair share” of the .................and ......................available.
3. Distributive justice is concerned with the................ distribution of .................

si
and..........................., such as income, bonuses, and taxes.
4. The idea of justice occupies centre stage both in......................., and in legal and

r
.....................philosophy.
ve
5. Organizational stressors are a major contributor to .......................stress, behavioural
stress and........................

Summary
ni

Because of its significant personal and organisational implications, the idea

of fairness or justice has become an increasingly important construct in action and
management over the last two decades. Despite extensive studies on employee job
satisfaction and organisational engagement, different styles and forms of employees’
U

perceptions of justice have not been thoroughly investigated.

Employee views of workplace equity are referred to as organisational justice.

Distributive, procedural, informational, and interactional perceptions are the four types
ity

of perceptions. Procedural justice reflects perceptions of the processes that contribute

to these outcomes, while distributive justice reflects perceptions of the outcomes
themselves.

While these particular justice decisions are associated, analysis indicates that they
m

are each predictive of job- and worker-related outcomes. While this classic taxonomy
reflects historical theories that sought to define standards or judgement rules for
assessing the fairness of outcomes, processes, and interpersonal care, more recent
)A

viewpoints have cast a wider net.

The explanations why workers care about justice (content theories) and the
mechanisms that contribute to both the creation of fairness expectations and individual
responses to perceived injustice are explored in current justice research (process theories).
(c

Procedural fairness is undeniably essential in the workplace. Employee expectations

of procedural justice are related to a number of critical job attitudes and actions, and

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 95

this is true in a wide spectrum of decision-making circumstances. While drawbacks to

Notes

e
the differential effects model should be held in mind, the two-factor and agent-system
frameworks have been useful in directing predictions about the differential effects of
procedural justice relative to distributive justice and interactional justice.

in
Another strategy has been to assess statistical interaction results and see how
people integrate knowledge about procedures and outcomes. The positive effects of

nl
procedural justice on work-related variables are always most pronounced in the sense
of achieving less-than-expected results, as much research indicates. These results
in the workplace are, of course, consistent with early research findings in courtroom
research, field research on public reactions to police and government officials, and

O
research on resource distribution in general, all of which attest to the generalizability of
procedural justice phenomena.

ty
Activity
1. Discuss Procedural Justice and Work-related Stress from Indian perspective.
2. Discuss role played by work-related stress and CPD in an organization.

si
Questions and Exercises
1. Define correlation between distributive justice and work-related stress.
2. r
Why do employees care about procedural justice?
ve
3. Define variance in distributive and procedural justice.
4. What is the difference between procedural justice and distributive justice?

Glossary
ni

1. Adjudication – the act of judging a case, competition, or argument, or of

making a formal decision about something
U

2. Discretionary – Discretionary is often used to describe money that isn’t

designated for a particular purpose. It’s up to the people in charge to decide
how discretionary funds should be spent.
ity

References
https://www.researchgate.net/publication/226977960_Introduction_
Distributive_and_procedural_justice
https://www.beyondintractability.org/essay/types_of_justice
m

https://link.springer.com/article/10.1007/BF01048015

Answers: Check Your Understanding

)A

1. Micro, meso, macro

2. Benefits, resources
3. Fair, benefits, burdens
(c

4. Ethics, political
5. Physical, work fatigue

Amity Directorate of Distance & Online Education

 96 Introduction to Politics-II

Module-IV: Rights
Notes

e
Unit-4.1: Meaning and Types of Rights

in
4.1.1 Essence of the term Right
4.1.2 Characteristics of Rights

nl
4.1.3 Different Kinds of Rights
4.1.4 Types of Rights in India

O
4.1.5 Human Right: An Inalienable Right
4.1.6 Relationship between Rights and Duties
4.1.7 Rights, Claims and Powers

ty
Unit-4.2: Theories of Rights
4.2.1 Theory of Natural Rights

si
4.2.2 Theory of Legal Rights
4.2.3 The Historical Theory of Rights
4.2.4 The Social Welfare Theory of Rights
r
4.2.5 The Marxist Theory of Rights
ve
ni
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 97

Unit-4.1: Meaning and Types of Rights

Notes

e
Objectives:

in
At the end of this unit, you will be able to understand:

●● Essence of the term Right

nl
●● Characteristics of Rights
●● Different Kinds of Rights

O
●● Types of Rights in India
●● Human Right: An Inalienable Right
●● Relationship between Rights and Duties

ty
●● Rights, Claims and Powers

Introduction

si
A right is defined as an entitlement or justifiable claim to a specific type of
behaviour from others, such as support or non-interference. In other words, a right is
something that every member of a community is morally entitled to, and for which the
r
community is entitled to disregard or forbid anything that stands in the way of even a
ve
single individual.

Rights are basic normative rules about what is allowed or owed to people
according to some legal system, social convention, or ethical theory.
ni

It is something to which everyone is entitled simply because they are human.

Human rights are founded on the principle of individual dignity. Human rights begin
with the assumption that each person is a moral and rational being who deserves to be
treated with respect. Because they are universal, they are referred to as human rights.
U

Though modern historians traced the “Magna Carta” of 1215 as the historical
beginning of human rights, records show that its true origin dates back to 539 B.C.,
when Cyrus the Great (king of ancient Persia) conquered Babylon and freed all slaves
ity

to return home, declared people to choose their own religion, and even maintained
racial equality.

It is symbolised by the Magna Charta, which was promulgated in 1215 and

introduced a raw concept of “Rule of Law” and the basic notion of defined rights and
m

freedoms to all people, providing protection from unpredictably prosecuted and

imprisoned.

●● Human rights spread rapidly from Babylon to many countries, including India,
)A

Greece, and eventually Rome, where the notion of natural law emerged in
response to the observation that people tended to obey certain unwritten laws
in the course of their lives.
●● A Pharaoh of Ancient Egypt (c. 2000 BCE) gave his subordinates and staff
(c

strict instructions: “When a petitioner arrives from Upper or Lower Egypt,...

make sure that everything is done according to the law, that custom is
observed and followed, and that each man’s right is respected.”

Amity Directorate of Distance & Online Education

 98 Introduction to Politics-II

●● The King of Persia drafted the Charter of Cyrus (Iran, c. 539 bce) for his
Notes

e
subjects, which recognised rights to liberty, security, religious tolerance, freedom
of movement, freedom from slavery, and some social and economic rights.

in
●● The concept of Ren, or compassion, and loving others, is a central theme in
Confucius’ (c. 500 BCE) teachings. Ren is a Confucian virtue that denotes
goodness, humanity, and kindness. According to Confucius, “What you do
not wish for yourself, do not do to others”. Dr. Peng-chun Chang, a Chinese

nl
Confucianism scholar who was a key figure in the drafting of the UDHR,
argued that Confucianism laid the foundation for human rights ideas.
●● The Epistle on Rights was written by Imam Ali Ibn Al Hussein in the early

O
eighth century ce. His letter is, to our knowledge, the first document to set
out the primary rights as they were perceived at the time, as well as the first
attempt to acknowledge and indicate the role of rights in a positive light.

ty
Methodologically, the Epistle cited 50 of these rights. They are rooted in the
early Islamic precepts in spirit.
International and national laws and treaties protect and support human rights. The
Universal Declaration of Human Rights (UDHR) was the first international document

si
to lay out the “basic civil, political, economic, social, and cultural rights that all human
beings should have.” On December 10, 1948, the UN General Assembly approved the
declaration without objection.
r
ve
Governments bear the primary responsibility for advancing human rights under
international treaties. Governments, on the other hand, are not solely responsible for
protecting human rights. The Universal Declaration of Human Rights (UDHR) states:

“Every individual and every organ of society shall strive by teaching and education
ni

to promote respect for these rights and freedoms and by progressive measures, national
and international, to secure their universal and effective recognition and observance.”

The Magna Carta (1215), the Petition of Right (1628), the United States
U

Constitution (1787), the French Declaration of the Rights of Man and Citizen (1789),
and the United States Bill of Rights (1791) are written precursors to many of today’s
human rights documents.
ity

4.1.1 Essence of the Term Right

Rights are the essential conditions of social life without which no one can achieve
his or her full potential. These are the prerequisites for both the individual’s and
m

society’s wellbeing. People can only be their best selves and hone their personalities
when they are not bound by tyranny and have the freedom to move, speak, and decide
for themselves.
)A

Human rights refers to all people’s fundamental rights and freedoms, including
the right to life, independence, freedom of expression, and equality before the law. It is
indivisible, interdependent, and united.

Human Rights: Human rights are those moral rights that are morally essential
and fundamental, and that are possessed by every human being as a result of their
(c

universal moral status. One of the most important aspects of human political reality is
human rights. It is a case of the highest moral rights.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 99

Human rights are those moral rights that are morally essential and fundamental,
Notes

e
and that are possessed by every human being as a result of their universal moral
status. One of the most important aspects of human political reality is human rights. It is
a case of the highest moral rights.

in
Civil and political rights, such as the right to life, liberty, and freedom of expression; and
social, educational, and economic rights, such as the right to engage in society, the right to

nl
food, and the right to work and obtain an education, are all examples of human rights.

Rights have the following characteristics:

O
●● Rights exist only in society. These are the outcomes of social interaction.
●● Individual claims for social advancement are referred to as rights.
●● Rights are recognised by society as universal claims made by all people.

ty
●● People’s rights are rational and moral demands on their society.
●● Since rights are only present in society, they cannot be used against it.
●● People must exercise their rights for their own growth, which entails their

si
advancement in society through the promotion of social good. Rights should
never be used against the greater good.
●● Human rights are like armour; they protect you
●● r
They are like rules, because they direct the people towards right doing.
ve
●● They are like judges; they define what can be done, what can be had, and
what is right or wrong.
●● They are abstract, like emotions, and they belong to everyone and exist
regardless of what happens. They are similar to nature in that they can be
ni

harmed, and they are similar to the spirit in that they cannot be destroyed.
●● They treat everyone the same – rich and poor, old and young, white and
black, tall and short – in the same way that time does.
U

●● They teach people to respect others and to treat others with respect.
●● We may disagree about the definitions of goodness, truth, and justice, but we
recognise them when we see them.
ity

●● All residents have equal access to their rights.

●● With the passage of time, the contents of rights change.
●● There are no absolute rights. Restraints and limits are often imposed in order
to preserve public health, security, order, and virtue.
m

4.1.2 Characteristics of Rights

Human dignity and equality are two of the most important ideals that underpin the
)A

concept of human rights. Human rights can be defined as specifying the fundamental
norms that are required for a dignified life; these two beliefs, or values, are all that is
required to support the concept of human rights, and they cannot be challenged. As
a result, all nations, civilised countries, and major religions around the world promote
human rights. State power cannot be unlimited or arbitrary, it is almost universally
(c

acknowledged; it must be limited at least to the extent that all people within its
jurisdiction can live with certain minimum requirements. The Protection of Human

Amity Directorate of Distance & Online Education

 100 Introduction to Politics-II

Rights Act 1993 describes ”Human Rights mean rights relating to life liberty, equality
Notes

e
and dignity of the individuals guaranteed by the constitution or embodied in the
International Treaties and enforceable by courts in India.”

in
The United Nation Centre of Human Rights defines Human Rights as “those rights
which are inherent in our nature and without which we cannot live as human beings”.

The Universal Declaration of Human Rights which adopted on 1948, states human

nl
rights as “rights derived from the inherent dignity of human person”.

In simple terms, rights are people’s common claims, which every cultured society
acknowledges as necessary assertions for their growth and, as a result, the state enforces.

O
Characteristics of Human Rights:
1. Human Rights are sacrosanct: Human rights are inherent in an individual

ty
due to the very nature of his existence. They are congenital in all individuals
notwithstanding their caste, creed, religion, sex and nationality. Human rights
are conferred even after the death of an individual. The different liturgy in

si
different religions bear testimony to this fact.
2. Human Rights are essential and obligatory: Human rights are needed to
maintain an individual’s moral, physical, social and spiritual wellbeing. Human
r
rights are also essential as they provide conducive conditions for material and
moral uplift of the people.
ve
3. Human dignity is linked to human rights: treating another person with dignity,
regardless of whether they are male or female, rich or poor, is a concern with
human dignity.
ni

4. Human Rights are Irreversible: Human rights are irremediable as they cannot
be taken away by any power or jurisdiction because these rights originate
keeping in observation the social nature of man in the society and they belong
U

to a person simply because he is a human being. As such human rights have

similarities to moral rights.
Human Rights are All-embracing: Human rights do not belong to a privileged
group of people. Human rights are universal in nature, requiring no consideration or
ity

exception. Human nature is built on values like honesty, integrity, and equality, which
form the foundation of these rights.

Human Rights are Dynamic: Human rights are not static; they are alive and well.
Human rights continue to grow in tandem with the state’s socio-economic, cultural, and
m

political trends. Judges must interpret laws in ways that are consistent with changing
social values.
)A

Human Rights are never absolute: Man is a social animal who lives in a civic
society that has always placed limitations on his ability to exercise his rights and
freedoms. Human rights are those limited powers or claims that are attributable to the
common good and that are granted and certified to individuals by the state through its
laws. As a result, each right has its own set of restrictions.
(c

Human Rights are essential for the fulfilment of purpose of life: There is a
reason for human life. The term “human right” refers to the circumstances that must be

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 101

met in order to achieve this goal. No government has the authority to limit or eliminate
Notes

e
unassailable, inviolable, and unchangeable rights.

Rights as limits to state power: Human rights imply that every individual

in
has legitimate claims to certain freedoms and benefits from his or her society. As
a result, human rights restrict the authority of the state. These may take the form of
negative constraints on the state’s authority to prevent it from infringing on individuals’

nl
unassailable freedoms, or they may take the form of requests on the state, i.e. positive
commitments.

O
4.1.3 Different Kinds of Rights
There are different types of rights as given below:

1. Natural Rights: Many scientists believe in natural rights. They believed that

ty
people are endowed with different rights by nature. They used to live in a state
of nature until they came to live in a culture and state. They cherished certain
natural rights, such as the right to life, liberty, and property, in it. Natural rights
are shards of humanity’s reason and nature. According to political theory, an

si
individual is born into society with certain fundamental rights that cannot be
taken away from him or her.

r
The objective rightness of the right things, whether the virtue of a soul, the
virtuousness of an action, or the supremacy of a leadership, is referred to as
ve
“natural right” in classical political philosophy.
No one would call a man happy who lacked courage, sobriety, justice, or
sagacity, according to Aristotle in Politics. A man who was easily intimidated,
ni

couldn’t control his desire for food or drink, was willing to ruin his friends for
a petty gain, was always up for a brawl, and was usually irrational could not
possibly live a good life.
U

Even if chance sometimes prevents good actions from having their expected
consequences, allowing cowards to outperform brave men, tenacity is still
objectively superior to timidity. The virtues and actions that contribute to a sane
life, as well as the activities that are essential to living a good life, are inherently
ity

correct.
Natural rights as we know them today evolved from ancient and medieval natural
law doctrines, but for some scientists, the notion of natural rights is fictional.
Because rights are the result of social interaction, they can only be used in
m

a society. Rights are protected by the state because they are recognized by
society as common claims for progress.
The most influential political philosopher of the modern era, John Locke, claimed
)A

that “people have rights, such as the right to life, liberty, and property that have
a foundation independent of the laws of any particular society”.
Locke claimed “Men are naturally free and equal as part of the justification for
understanding legitimate political government as the result of a social contract
where people in the state of nature conditionally transfer some of their rights to
(c

the government in order to better ensure the stable, comfortable enjoyment of

their lives, liberty, and property”.

Amity Directorate of Distance & Online Education

 102 Introduction to Politics-II

Governments exist with the consent of the people in order to protect the people’s
Notes

e
rights and stimulate the public good; if they fail to do so, they can be hampered
and replaced by new governments.

in
2. Moral Rights: Moral rights are founded on human awareness. They are backed
up by the moral force of the human mind. These are based on a human sense
of justice and goodness. This is not aided by the force of the law. Moral rights

nl
are sanctioned by a sense of goodness and public opinion.
No legal action can be taken against someone who violates a moral right. These
rights are not enforced by the government. These rights are not recognized by

O
its courts. Rules of good conduct, courtesy, and moral behavior are included in
moral rights. These represent the people’s moral perfection.
Before being included in the Berne Convention for the Protection of Literary
and Artistic Works in 1928, moral rights were first recognized in France and

ty
Germany. The Copyright Act of Canada acknowledged moral rights. In 1989,
the United States signed the convention and incorporated a version of moral
rights into its copyright law, Title 17 of the United States Code. Under the United

si
States Copyright Act, there are two main moral rights. The right of attribution,
also known as the right of paternity and the right of honesty, are two such rights.
3. Legal Rights: Legal rights are those that are recognized and enforced by the
r
government. The state’s law courts enforce legal rights, so any violation of
ve
a legal right is punishable by law. These rights can be used to hold people
accountable as well as the government. Legal rights differ from moral rights in
this way.
All people have equal access to legal rights. Without exception, all people
ni

adhere to their legal rights. They have the option of going to court to have their
legal rights enforced.
Legal Rights are of three types:
U

●● Civil Rights: Civil rights are those rights that allow each individual to live a
civilized social life. These meet the most basic requirements of human life in
society. Civil liberties include the right to life, liberty, and equality. The state
ity

safeguards civil liberties.

●● Political Rights: Political rights are those that allow citizens to participate
in the political process. They are able to participate actively in the political
process as a result of these. These rights include the right to vote, the right
m

to run for office, the right to criticize and oppose the government, and the
right to criticize and oppose the government. People’s political rights are truly
available in a democratic state.
)A

●● Economic Rights: Economic rights are those that guarantee people’s

economic security. These enable all people to exercise their civil and political
rights effectively. Every person’s basic needs are related to his or her food,
clothing, shelter, and medical treatment. No one can truly enjoy his civil and
political rights unless these conditions are met. As a result, it is critical that
(c

everyone has the right to work, to adequate wages, to leisure and rest, and to
social security in the event of sickness, physical disability, or old age.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 103

4.1.4 Types of Rights in India

Notes

e
Human rights research has gained a lot of traction because they are thought to be
necessary for human survival. During the post-second world war era, the international

in
community became aware of the need for their protection. With its Declaration
on Human Rights on December 10, 1948, the United Nations gave these rights a
concrete form.

nl
Human rights are essential for a person’s overall growth. Basic rights, also known
as Fundamental Rights, are guaranteed in India’s Constitution for both Indian citizens
and foreigners. According to the Constitution, the Supreme Court of India is the

O
guarantor of rights. When considering constitutional rights, the court considers basic
responsibilities. In Indian constitution, Rights are divided in three broad categories:

(a) Civil

ty
(b) Political
(c) Economic and Social
In India, certain civil rights are granted by the Fundamental Rights Act. Other

si
provisions in the Constitution recognize certain political, economic, and social rights.
Fundamental Rights are referred to as “natural rights” by the Supreme Court of India.

r
The Fundamental Rights of All Citizens are outlined in the Indian constitution as the
fundamental human rights of all citizens. Part III of the Constitution defines these rights
ve
regardless of race, place of birth, religion, caste, creed, or sex.

Guha quoted that “The demand for a declaration of fundamental rights arose from
four factors:
ni

●● Lack of civil liberty in India during the British rule.

●● Deplorable social conditions, particularly affecting the untouchables and
women.
U

●● Existence of different religious, linguistic, and ethnic groups encouraged and

exploited by the Britishers.
●● Exploitation of the tenants by the landlords.
ity

4.1.5 Human Right: An Inalienable Right

Human rights are difficult to define because no widely accepted definition exists.
Not only must each individual have some rights in order to survive in the community,
m

but they must also have some rights in order to improve life. In this sense, rights are
fundamental liberties that everyone should enjoy.

Human rights, according to A.A. Said, are concerned with an individual’s dignity—
)A

the level of self-esteem that secures personal identity and promotes human community.
While some human rights are required for the survival of human beings, others are
required for the growth of individual personalities.

These rights, according to S.C. Kashyap, are necessary for the proper growth of
(c

the human personality and for human happiness. Human rights are “those fundamental
rights to which every man or woman inhabiting any part of the world should be deemed
entitled merely by virtue of having been born a human being.”

Amity Directorate of Distance & Online Education

 104 Introduction to Politics-II

M. J. Vincent observes that “human rights are the rights that everyone has, and
Notes

e
everyone equally, by virtue of their very humanity”. The right to life, liberty, freedom of
expression, and equality before the law are all examples of human rights. It is unifying,
interdependent, and indivisible.

in
In three ways, rights and responsibilities are linked:

●● Individual forbearance responsibilities (non-interference)

nl
●● Assistive responsibilities of institutions
●● Individual assistance responsibilities

O
Consider the right to property, which is mainly understood as the right not to have
one’s personal property taken without one’s permission. This means that:

●● Others have a responsibility to refrain from taking a person’s belongings

without his or her permission.

ty
●● Institutions, such as governments, should establish and enforce laws against
theft and should do so in all neighbourhoods where there is a possibility of
theft.

si
●● Each government official has a specific responsibility, to support such laws
and or enforce them.

r
Individual assistance tasks are carried out in a variety of ways: Citizens may have
a positive duty to press the government to pass an acceptable law if one is lacking or to
ve
enforce existing laws if the government is lax in this area.

Individual citizens who are aware of people with “sticky fingers” have an obligation
to prevent theft if it is possible to do so at a fair cost to themselves.
ni

Human right theories: Many theories have been developed to explain human
rights.

According to Dr. Justice Durga Das Basu, “Human rights are those minimal rights,
U

which every individual must have against the State, or other public authority, by virtue of
his being a ‘member of human family’ irrespective of any consideration.

The Universal Declaration of Human Rights (UDHR), 1948, stated that human
ity

rights as “rights derived from the inherent dignity of the human person.” Human rights
are known as “Fundamental Rights” when they are guaranteed by a written constitution,
as a written constitution is the state’s fundamental law.

Principles of human rights: These are:

m

●● Universality
●● Inviolable
)A

●● Inalienable
●● Indivisible
●● Interdependent
●● Inter-related
(c

●● Universality
●● Inviolable

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 105

●● Inalienable
Notes

e
●● Indivisible
●● Interdependent

in
●● Inter-related
●● Equality
●● Non-discriminatory

nl
Categories of Rights: Human rights can be grouped into following categories:

●● Civil Human Rights

O
●● Political Human Rights
●● Economic Human Rights
●● Social and Cultural Human Rights

ty
●● Development Oriented Human Rights

4.1.6 Relationship between Rights and Duties

si
Rights and responsibilities are inextricably linked and cannot be divided. Both work
well together. These are two sides of a single coin. When a citizen is granted the right to
life, the state also imposes on him the responsibility of not endangering his own life and
of respecting the lives of others. r
ve
Right of One is the Duty of Others: Only in the world of obligations can one enjoy
rights. Every right comes with a duty. When people fail to carry out their responsibilities
properly, all of their rights become meaningless. “I can only exercise my rights if others
allow me to do so as well.
ni

A citizen’s rights imply responsibilities for him:

Individual rights do not belong to a single person. These are given to everyone
U

on an equal basis. This means that “others have the same rights as I do, and it is my
responsibility to ensure that others enjoy their rights as well.” One man’s right is also his
duty, as Laski correctly stated. It is both my responsibility to respect the rights of others
and to use my rights for the greater good of society.
ity

Rights are to be used for Social Good: Society is the source of rights. As a result,
we must always strive to encourage social interest when exercising our rights. Every one
of us has a responsibility to use our rights to promote the well-being of society as a whole.
m

Duty towards the State: Because the state protects and enforces rights, all
people are obligated to be loyal to the state. It is their responsibility to follow state rules
and pay taxes on time. Citizens should be prepared to defend the state at all times. As
)A

a result, a citizen has both rights and responsibilities. He has rights and upholds his
responsibilities. The two sides of the same coin are rights and duties.

4.1.7 Rights, Claims and Powers

Rights: Rights are relations between two terms: someone and a good; to the other,
(c

rights are relations between three terms: an individual, some person and an action or
something. They are distinct, but they are not mutually exclusive. According to the rights

Amity Directorate of Distance & Online Education

 106 Introduction to Politics-II

as entitlements interpretation, rights are moral or legal entitlements, i.e., moral or legal
Notes

e
relationships between people and products (of benefits granted to persons by a human
law, moral or legal).

in
Human rights are seen as entitlements of persons or individuals to basic goods,
from which claims against other people or governments and officials can be inferred.
This is how most human rights discussions are conducted. However, in order to be

nl
properly understood, rights must be interpreted as claims.

A right is basically a claim that has been justified. It expresses what we have a right
to as people, individuals, and human beings. It’s what we believe is owed to us, and it’s

O
something the rest of society must acknowledge as a valid claim that must be upheld.

Rights are mainly those claims that I and others believe are necessary for living
a respectable and dignified life. Indeed, one of the grounds on which rights have been

ty
asserted is that they represent circumstances that we collectively regard as a source of
self-respect and dignity.

Our rights are asserted not only in our political and public lives, but also in our

si
social and personal relationships. Furthermore, rights can be asserted not only for
adults, but also for children, unborn foetuses, and animals. As a result, different people
invoke the concept of rights in various ways.

r
Claims: There are three types of claims: claims of fact, claims of value, and claims
ve
of policy.

A Claim of Fact: A factual claim argues that something quantifiable has existed,
is currently existing, or will exist in the future. To put it another way, a claim of fact
debunks whether the Claim’s statement is correct or incorrect, valid or invalid, true or
ni

false. We reason from something we know to something we don’t know when we make
such inferences. Cause-and-effect relationships are also emphasised in factual claims.

The goal of arguing for a claim of fact is to persuade the audience that something
U

that is currently not accepted as fact, or something that is currently accepted as fact,
should no longer be considered so. The goal of debating a claim of fact is to persuade
your audience to reject a proposed new fact or to defend the status quo, arguing that
ity

something that is a fact should stay that way.

The assignment of motive or responsibility for historical actions is a common theme

in past claims of fact.

●● Present claims of fact tend to deal with events of current importance.

m

●● Future claims of fact deal with making predictions about the nature of future
events.
A Claim of Value: A Claim of Value expresses qualitative judgments about people,
)A

events, and things in one’s environment on a good-to-bad scale. You’ve made a claim
of value if you build a position saying that something is good or bad, or that one thing is
better than another.

In a value claim, the main point of contention is the criteria used to make the
(c

decision. Value claims call into question a standard of comparison: is it worse than
what, better than what, or superior to what? All of our decisions are opinions that
compare two or more items and claim that one of them is superior to the other.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 107

When it comes to morality, a person’s values are frequently brought up. Because
Notes

e
value claims cannot be empirically supported, our discussions with others tend to be
qualitative and lacking in facts. One major flaw in social argumentation is that we often
mistake claims of value for claims of fact, shifting the focus of the debate from good to

in
bad to true or false. Because there are no objective criteria, value claims are the most
difficult to agree on.

nl
A Claim of Policy: A policy claim argues that someone should or should not do
anything in response to something. It suggests, but does not imply, that a particular
course of action should be taken. The sub-claims of fact or value claims inherent in
the policy claim are located and analysed. With a policy claim, the proponent in

O
a discussion must show that there is a need for change in the system and that their
strategy is desirable. To defeat the claim, the con-side only needs to win one of the two.

Powers: Since the dawn of time, power has been an integral part of human

ty
civilization. Physical, political, or social power are all possibilities. Power dynamics tend
to heavily influence decisions and people transactions in the business world as well.
So describing power can be tricky because it is understood and interpreted in a variety

si
of ways. However, power is not a force that gives you what you want. Power is derived
from a position or authority that has the ability to influence people both positively and
negatively.

r
For simplicity and understanding purposes power is usually classified into following
ve
categories:

Coercive Power- This type of power entails the use of threat to persuade people
to do what one wants. It translates into threatening someone with a transfer, firing,
or demotion in the workplace. It essentially coerces people into complying with one’s
ni

demands out of fear of losing something.

Reward Power- As the name implies, individuals are influenced by incentives,

perks, new projects or training opportunities, better positions, and monetary benefits.
U

However, an intriguing aspect of this type of authority is that it is insufficient in and of

itself, because decisions about rewards do not rest exclusively with the person who is
promising them, and in companies, many other individuals, such as senior managers
ity

and the board, are involved.

Legitimate Power- This authority comes from a person’s official position in an

organisation, bureaucracy, or government, for example. The duration of this power is
limited because it can only be used when a person holds that position, and the scope of
m

the power is limited because it is solely defined by the position held.

Expert Power- This is a type of personal power that stems from an individual’s
higher-quality and harder-to-come-by skills and knowledge. In such a situation, the
)A

individual should use his or her expertise to influence others. It has more credibility and
respect because it is very person specific and skills can be improved over time.

Referent Power- Celebrities and movie stars wield this power because they have
a large following of people who like, identify with, and follow them. As a result, they
have a long-term impact on a large number of people’s decisions, ranging from what
(c

car to buy to which candidate to vote for for a higher office in the country.

Amity Directorate of Distance & Online Education

 108 Introduction to Politics-II

Check your Understanding

Notes

e
1. A right is described as an or justified claim to a certain kind of ...................and
...................treatment from others, to support from others or non-interference from

in
others.
2. Human rights are protected and supported by ........................and .......................
laws and treaties.

nl
3. ......................are those important conditions of social life without which no person
can generally realize his best self.
4. Rights are inseparably related with ....................

O
5. .............................are those rights by virtue of which inhabitants get a share in the
political process.

ty
Summary
The rights of human beings or the rights of the individuals have long been a subject
of political theory. If we look at the history of western political thought we shall find that

si
in ancient Greek city-states the rights as such had no existence.

The concept of rights first appeared in the theory of natural law which existed in
the state of nature. In the state of nature people enjoyed certain rights sanctioned by
r
natural law. The natural law, in fact, ruled the society and nobody had any power to
ve
violate the natural rights and natural law. It was also maintained that both natural law
and natural rights were based on morality.

The concept of rights first appeared in the theory of natural law which existed
in the state of nature. In the state of nature people enjoyed certain rights sanctioned
ni

by natural law. The natural law, in fact, ruled the society and nobody had any power
to violate the natural rights and natural law. It was also maintained that both natural
law and natural rights were based on morality. For example, a person is faced with a
U

number of alternatives or choices and he is to select one or two of them.

This freedom is the central idea of rights. The individual shall have the full freedom
to select the required number of alternatives. The system of rights therefore denotes
“some sort of distribution of freedom”.
ity

Today we cannot separate rights from state and politics. The intimate relationship
between right, state and law was stridently argued by the philosophers of utilitarianism
and this approach laid the foundation of the concept- rights and political theory. From
the middle of the nineteenth century this tendency has become prevalent.
m

Activity
1. Discuss different types of rights.
)A

2. Discuss the types of rights in India.

3. Discuss why human right is considered an inalienable right.

Questions and Exercises

(c

1. Define the term right.

2. What are the main features of rights?
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 109

3. What are the characteristics of human rights?

Notes

e
4. What is the difference between natural and moral rights?
5. What are the different types of civil rights?

in
References
https://www.yourarticlelibrary.com/essay/law-essay/rights-meaning-features-

nl
and-types-of-rights/40373
https://www.civilserviceindia.com/subject/Political-Science/notes/rights-
meaning-and-theories.html

O
https://www.toppr.com/guides/legal-aptitude/jurisprudence/legal-rights-rights-
kinds/
https://www.politicalsciencenotes.com/theory-of-rights/rights-definition-nature-

ty
and-different-aspects/789

Answers: Check Your Understanding

si
1. Entitlement, positive, negative
2. International, national
3. Rights r
ve
4. Duties
5. Political rights
ni
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 110 Introduction to Politics-II

Unit-4.2: Theories of Rights

Notes

e
Objectives:

in
At the end of this unit, you will be able to understand:

●● Theory of Natural Rights

nl
●● Theory of Legal Rights
●● The Historical Theory of Rights

O
●● The Social Welfare Theory of Rights
●● The Marxist Theory of Rights

Introduction

ty
Though any historical study of rights shows how hazy the philosophical charting
of the evolution of rights has been, the concept of rights has only recently appeared in
political thought.

si
Natural rights, which arose from the notion of natural law, are considered the progeny
of human rights. Natural law, which has dominated Western political theory for decades,
r
is the higher-order morality standard against which all other laws are measured.
ve
Natural rights eventually evolved from the notion of natural law, reflecting a shift in
focus from society to the individual. Natural rights gave people the ability to bring claims
against the government, while natural law provided a foundation for limiting excessive
state power over society.
ni

The modern notion of rights can be traced back to Enlightenment political

philosophy and the movement to create restricted forms of representative government
that respect individual citizens’ freedom, which took place mainly in England, France,
U

and the United States.

According to Locke, the primary goal of people banding together in social

groups was to more effectively secure these rights. Consequently, they ceded to the
ity

governments they established “only the right to enforce these natural rights and not
the rights themselves”. Locke’s philosophy, known as classical liberalism, aided in the
development of a new way of thinking about people, governments, and the rights that
connect them.
m

Specific rights, such as the right to self-preservation (Hobbes) and the right to
property, have been claimed by natural rights theorists (Locke). Because such theorists
believe that the validity of fundamental rights is self-evident, debate has historically
)A

been frowned upon. The traditional definition of a human right is one that is universal
and shared by all people:

By definition, a human right is a universal moral right that all men, everywhere, at
all times, should have, that no one may be denied without committing a grave affront to
justice, and that is owed to every human being merely because he is human.
(c

The common thread running through all of these notions is universality: human
rights are inalienable, and all people are inherently entitled to basic rights merely by

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 111

virtue of being human. Human rights were invented in the twentieth century, and they
Notes

e
expanded the concept of individual rights to include all people, regardless of citizenship
or state affiliation. Individual identity and freedom were re-created as something that
transcended national boundaries, thanks to human rights.

in
4.2.1 Theory of Natural Rights

nl
Natural rights, defined as rights that are unaffected by the laws, customs, or beliefs
of any particular culture or government (and thus universal and inalienable), were at the
heart of the Enlightenment’s debates on the individual-government relationship.

O
Many scholars believe that natural rights arose from natural law, a theory found in the
mediaeval Catholic philosopher St. Thomas Aquinas’ philosophy (d. 1274). Natural law
was thought to embody principles of right and wrong that could be determined by human
reason, rather than divine revelation, particularly in relation to interpersonal relationships.

ty
Philosophers, on the other hand, rarely agreed on the content of such laws.

The emphasis changed from rules relating individual behaviour to claims of rights
that people could make against the state as philosophers applied the concept of natural

si
rights to the secular world. In England, Thomas Hobbes (1588–1679) and John Locke
(1632–1704) developed a theory of natural rights based on rights to life, liberty, and
property that people would have in a prepolitical “state of nature,” and in France, Jean
r
Jacques Rousseau (1712–1778) developed a theory of natural rights based on rights
ve
to life, liberty, and property that individuals would have in a prepolitical “state of nature.”

Natural rights have been debated since antiquity, but it was Enlightenment
philosophers who developed the modern notion of natural rights, which has been
fundamental to modern republican government and civil society.
ni

Natural rights emerged as part of the social contract theory during the
Enlightenment. The theory discussed the origins of society as well as the legitimacy of
U

the state’s authority over individuals.

Natural rights were derived from Thomas Hobbes’ conception of man in a “state
of nature.” He objected to attempts to derive rights from “natural law,” claiming that
the terms “law” (“lex”) and “right” (“jus”), though frequently confused, refer to opposing
ity

concepts, with law referring to obligations and rights referring to the absence of
obligations.

John Locke’s most famous natural right formulation is that natural rights include
perfect equality and freedom, as well as the right to protect life and property. John
m

Lilburne, Francis Hutcheson, Georg Hegel, and Thomas Paine were among the
Enlightenment and post-Enlightenment philosophers who formulated and complicated
the notion of natural rights.
)A

The notion of natural rights, which became central to European abolitionists’ efforts,
was heavily influenced by the modern European anti-slavery movement.

Natural Rights and Natural Law - The notion of natural rights is often contrasted
with that of legal rights. A person’s legal rights are those granted by a judicial system.
(c

Natural rights are those that are universal and inalienable and are not subject to the
laws, customs, or beliefs of any particular culture or government.

Amity Directorate of Distance & Online Education

 112 Introduction to Politics-II

Natural rights and human rights are closely related concepts; some recognise no
Notes

e
distinction between the two, while others prefer to keep the terms separate to avoid
association with some characteristics historically associated with natural rights. Natural rights,
in particular, are thought to be beyond the reach of any government or international body.

in
Natural Rights and Social Contract - Natural rights have been debated since
antiquity, but it was Enlightenment philosophers who developed the modern notion of

nl
natural rights, which has been fundamental to modern republican government and civil
society. Natural rights emerged at the time as part of the social contract theory, which
addressed questions about society’s origins and legitimacy of the authority of the state
over the individual.

O
Individuals have consented, either expressly or implicitly, to surrender some
of their liberties and submit to the ruler’s or magistrate’s power in exchange for
protection of their remaining rights, according to social contract arguments. As a result,

ty
the relationship between natural and legal rights is frequently discussed in social
contract theory.

Natural rights were derived from Thomas Hobbes’ conception of man in a “state

si
of nature.” He claimed that the most fundamental natural (human) right was to “use
his own power, as he wills, for the preservation of his own Nature; that is to say, of
his own Life. People will not obey natural laws unless they are first subjected to a
r
sovereign power, without which all notions of right and wrong become irrelevant. Since
ve
our (human) nature is to maximise our well-being, rights come before law, natural or
institutional, and people will not follow the laws of nature without first being subjected to
a sovereign power.

When John Locke introduces the state of nature in his Second Treatise, he uses the
ni

most popular natural right formulation. The law of nature, according to Locke, is based on
mutual security, or the notion that no one can infringe on another’s natural rights because
all men are equal and have the same unalienable rights. Perfect equality and freedom, as
U

well as the right to life and property preservation, are among these natural rights.

Natural Rights, Slavery, and Abolitionism - In the context of social contract

theory, “inalienable rights” were those that people could not relinquish to the sovereign.
ity

These were believed to be natural rights that existed independently of positive law.
However, some social contract theorists argued that only the strongest could benefit
from their rights in the natural state. As a result, individuals enter into an implicit social
contract, entrusting their natural rights to the authority to protect them from abuse, and
living under the authority’s legal rights from then on.
m

4.2.2 Theory of Legal Rights

Legal rights, as the name implies, are rights that exist under the rules of legal
)A

systems or as a result of decisions made by appropriately authoritative bodies within

those systems. Not all philosophers believe that rights can be thoroughly examined. For
example, White (1984) argued that the task is impossible because the concept of a right
is as fundamental as any of the others (or any set of them) into which it is generally
(c

examined. He did agree, however, that such concepts can help explain rights in part.
White’s approach, which is based primarily on close linguistic analysis, has remained in
the minority.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 113

The remaining methods can be classified in a variety of ways, but one major
Notes

e
division is between those who believe that rights are unique in this respect because
of their great weight, and those who believe that rights should be broken down into
responsibilities, permissions, powers, or some combination of these, possibly with the

in
addition of other conditions.

Dworkin was a proponent of the first view in one formulation of his theory of rights.

nl
According to this, rights take precedence over any other consideration that is not itself based
on a right. Many legal systems clearly hold that constitutional rights, or at least some of them,
should take precedence over any other consideration that is not derived from a constitutional
right. But that seems to be primarily because of the constitutional status of the right.

O
Many rights are of a minor nature, both in law and in morals. Even in morality,
such rights can arguably be justified when personal convenience is taken into account.
Similarly, it appears that many prima facie rights can be overruled by what the court

ty
considers to be factors of the public good.

To the latter kind of critique, Dworkin responded by arguing that, on closer

inspection, the consideration opposing the right can be seen as an instantiation of

si
another general right. However, this is contingent on the controversial assertion that the
only factors on which courts can legitimately rely are pre-existing rights. The argument
has also been made that, as a general theory of the nature of rights, it runs the risk
r
of being self-defeating, because any consideration can be argued to be right-based,
ve
leaving rights with no special role in practical reasoning.

Instead, most authors have advocated for the analysis of rights into other, more
fundamental concepts, such as duty, consent, and authority, with the addition of other
criteria. As a result, not all rights will be equally important. The strength of the grounds
ni

for the duty, permission, or authority will determine their importance.

Theorists are split between those who believe that rights are merely a “reflex” of
obligation, consent, or authority, and those who believe that the right takes precedence
U

over them. The question is whether the right is founded on the duty, etc., or whether
the duty is founded on the right. The majority of older writers appear to hold the first
viewpoint, while more recent writers hold the second. The second viewpoint implies that
ity

a right’s force is not necessarily exhausted by any existing set of duties or obligations that
follow from it, but that it can be used to create new obligations as conditions change. This
latter viewpoint appears to be more in line with the way constitutional legal rights operate.

There is another major division among those who believe that rights can be broken
m

down into responsibilities, permissions, and powers, at least in part. Some argue that
the essence of a right is the ability to choose or exert control over the corresponding
duty or obligation. Others believe that the most important thing is that one’s interests
are safeguarded by the obligation and so on.
)A

4.2.3 The Historical Theory of Rights

Human rights refer to all people’s fundamental rights and freedoms, which
include the right to life, liberty, freedom of expression, and equality before the law. It is
(c

indivisible, interdependent, and united.

Amity Directorate of Distance & Online Education

 114 Introduction to Politics-II

Though modern historians traced the “Magna Carta” of 1521 as the historical
Notes

e
beginning of human rights, records show that its true origin dates back to 539 B.C.,
when Cyrus, the great (king of ancient Persia) conquered Babylon and freed all slaves
to return home, declared people to choose their own religion, and even maintained

in
racial equality.

Human rights spread rapidly from Babylon to many other countries, including

nl
India, Greece, and eventually Rome, where the notion of natural law emerged from
the observation that people tended to obey certain unwritten laws in the course of
their lives. In response to the observation that people tended to obey certain unwritten
laws in the course of their lives, the notion of “natural law” emerged, and Roman law

O
was based on rational concepts derived from the nature of things. The Magna Carta
(1215), the Petition of Right (1628), the United States Constitution (1787), the French
Declaration of the Rights of Man and Citizen (1789), and the United States Bill of Rights

ty
(1791) are written precursors to many of today’s human rights documents.

The Magna Carta, or “Great Charter,” was arguably the most influential early
influence on the long historical process that led to the rule of constitutional law in the

si
English-speaking world today. After King John of England broke a number of ancient
laws and customs governing England, his subjects forced him to sign the Magna Carta,
which enumerates what later became known as human rights, was signed in 1215.

r
The right of the church to be free from government interference, The right of the church
to be free of government interference, the right of all free citizens to own and inherit
ve
property, and the right of all free citizens to vote are all rights that all free citizens to
be protected from excessive taxes were among them. It granted the right of property-
owning widows to choose whether or not to remarry, as well as due process and
equality before the law. It also included anti-bribery and anti-official misconduct clauses.
ni

The Magna Carta was a pivotal turning point in the battle for liberty.

The Petition of Right, written by the English Parliament in 1628 and sent to Charles
I as a declaration of civil liberties, was another milestone in the development of human
U

rights. As a result of Parliament’s refusal to fund the king’s unpopular foreign policy, his
government imposed forced loans and quartered troops in subjects’ homes as a cost-
cutting measure. Because of arbitrary arrests and imprisonment for opposing these
ity

policies, Charles and George Villiers, Duke of Buckingham, were vilified in Parliament.

The Petition of Right, introduced by Sir Edward Coke, was based upon earlier
statutes and charters and asserted four principles:

●● No taxes may be levied without consent of Parliament.

m

●● No subject may be imprisoned without cause shown (reaffirmation of the right

of habeas corpus).
●● No soldiers may be quartered upon the citizenry.
)A

●● Martial law may not be used in time of peace.

In 1789, the people of France overthrew the absolute monarchy and paved the
way for the establishment of the first French Republic. After the storming of the Bastille
and just three weeks after the abolition of feudalism, the National Constituent Assembly
(c

adopted the Declaration of the Rights of Man and of the Citizen as the first step toward
drafting a constitution for Republic of France.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 115

All people are guaranteed the rights to “liberty, property, security, and resistance
Notes

e
to oppression,” according to the Declaration. It explains that the need for law stems
from the fact that “each man’s exercise of natural rights has only those boundaries that
assure other members of society the enjoyment of these same rights.” As a result, the

in
Declaration views law as a “expression of the general will” aimed at promoting equality
of rights and prohibiting “only activities harmful to society.”

nl
On the invitation of the Swiss Federal Council and on the initiative of the Geneva
Committee, sixteen European countries and several American states met in Geneva in
1864 for a conference. The diplomatic meeting was held in order to adopt a convention
for the treatment of combat-wounded soldiers. The main ideologies laid out in the

O
Convention and upheld by subsequent Geneva Conventions included the duty to
provide care to wounded and sick military personnel without discrimination, as well as
the respect for and marking of medical personnel transports and equipment with the

ty
characteristic red cross on a white background.

The new Human Rights Commission of the United Nations had gained international
attention by 1948. The Commission set out to draught the document that became

si
the Universal Declaration of Human Rights under the dynamic leadership of Eleanor
Roosevelt, President Franklin D. Roosevelt’s widow, a human rights winner in her
own right, and the US delegate to the UN. Roosevelt, who is credited with instigating

r
the Declaration, referred to it as the universal Magna Carta for all humanity. It was
ratified by the United Nations on December 10, 1948. The Declaration unambiguously
ve
proclaims the inherent rights of all human beings in its preamble and in Article 1.

“Disregard and contempt for human rights have resulted in barbaric acts that have
outraged mankind’s conscience, and the emergence of a world in which human beings
ni

shall enjoy freedom of speech and belief, as well as freedom from fear and want, has
been declared as the highest aspiration of the common people. Everyone is born free
and equal in dignity and rights.”
U

The United Nations Member States pledged to work together to promote the thirty
Articles of Human Rights that had been gathered and codified into a single document
for the first time in history. As a result, many of these rights are now included in the
constitutions of democratic countries in various forms.
ity

In a nutshell, the following are the written inventors of contemporary human rights
documents:

●● The English Bill of Rights (1689)

m

●● The American Declaration of Independence (1776)

●● The French Declaration of the Rights of Man and Citizen (1789)
●● The first Ten Amendments of the Constitution of the United States (Bill of
)A

Rights 1791)
●● The Universal Declaration of Human Rights of UN (1948)

4.2.4 The Social Welfare Theory of Rights

(c

Rights are conditions of social welfare, according to proponents of the Social

Welfare Theory. They are society’s creations, and law, customs, traditions, and natural
rights “should all yield to what is socially beneficial or desirable.”

Amity Directorate of Distance & Online Education

 116 Introduction to Politics-II

What is morally beneficial should be put to the test by ensuring that the highest
Notes

e
number of people are happy. Consider the right to free speech. It isn’t an inalienable
right. It is constrained by a coordinate body’s social needs. Likewise, the right
to property does not imply that the few have the right to prosper at the expense of

in
the many.

The actual proponents of the Social Welfare Theory of Rights are the utilitarians,

nl
Bentham and Mill. They established the principle of greatest happiness for the greatest
number as a utility criterion. However, they thought that utility should be determined by
logic and experience.

O
Laski, too, acknowledges utility as the foundation of rights, though he gave
the term a new meaning that corresponds to the changed circumstances of his time.
He believes that the utility of a right is its value to all members of the State, and that
the utility of a right is its value to all members of the State. He claims that the State

ty
must recognise claims that “in the light of history, involve catastrophe when they are
unfulfiled.”

“We have them for both its and our own safety. As a result, rights and functions are

si
related.” We have obligations in order to contribute to the greater good. My rights are
based on my contribution to society’s well-being.

r
There is a lot to like about the Social Welfare Theory of Rights. However, it
is impossible to define exactly what social welfare entails. In the name of social
ve
expediency, man’s individuality and rights have often been sacrificed in order to extol
social good. A social system that ignores individual personality in favour of society’s
common good cannot last for long. It is sure to provoke opposition from that section of
society whose personality is crushed and rights frustrated.
ni

4.2.5 The Marxist Theory of Rights

U

Private property, according to Marxists, is the foundation for the emergence of law
and state. They claim that property was the catalyst for the formation of social classes,
with those who possess the means of production being able to exploit those who do
not by enacting laws to protect private property. The right of the church to be free of
ity

government interference, the right of all free citizens to own and inherit property, and
the right of all free citizens to vote are all rights that all free citizens have.

The theory assumes that at the communist stage, when there is no private
property, no state, and no law, people will achieve perfect equality. However, this
m

has yet to be achieved, and even the practise of major countries such as the former
United Soviet Socialist Russia (USSR) has shown that the theory is too good to
be turned down. Nonetheless, this theory is contested, and the theory of private
property triumphs.
)A

Although Marx and Engles did not devote a separate section to a thorough analysis
of rights, they were well aware of the state of various rights in bourgeois society. The
realisation of economic rights received little attention from liberal thinkers. To them,
political rights were paramount, and if people were given the opportunity to exercise
(c

all of their political rights, the lack of economic rights would not be a hindrance to
exercising political rights.

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 117

Furthermore, the failure to realise economic rights may eventually result in

Notes

e
increasing economic inequalities, which liberal theoreticians regard as a positive
sign of liberty. However, Marx and Engels condemned this approach to rights,
stating unequivocally that political rights are virtually meaningless in the absence of

in
economic rights.

They have conceded, of course, that in a class society, this is unavoidable because

nl
the economically powerful class will create an environment in which the general public
will be denied access to a variety of rights. As a result, rights in bourgeois society are
partial in nature, partial in the sense that only a small number of people are granted
the right to have rightsThe strong class controls the three branches of government, and

O
they act on its orders. The dominant class was always suppressed by the majority’s
rights.

Marxists admit that in a bourgeois society, efforts are made to increase the number

ty
of rights, and this is done in practise. However, the increase in the number of rights
does not benefit ordinary citizens. The strong class bole; all the rights to its enjoyment
through its effective machinery. There is no benefit to the poorest members of the

si
population. Furthermore, the divide between the two classes obstructs the working
class’s ability to exercise its rights.

Check your Understanding

r
ve
1. Human rights are considered the offspring of..........................., which themselves
evolved from the concept of ................................
2. The modern conception of rights can be traced back to .............................................
........... and the movement, primarily in England, France, and the United States
ni

3. Natural rights theorists have asserted the existence of specific rights — most notably
the ...........................................(Hobbes) and ..........................................(Locke).
4. Natural rights, understood as those that are not dependent on the laws, customs, or
U

beliefs of any particular .........................or..............................

5. Natural rights are usually juxtaposed with the concept of .....................rights.
6. The....................................., was debatably the most important early influence on
ity

the extensive historical process that led to the rule of constitutional law today in the
English-speaking world.

Summary
m

The origin and nature of human rights pose significant challenges to their operation
as universal standards of behaviour. Fundamentally diverging foundations for human
rights may be given, that ultimately must rely upon either divine revelation, human
)A

reason extrapolating from nature, or deliberate human invention and agreement.

Even if a satisfactory basis for human rights can be constructed, further fundamental
challenges emerge to both the `human’ and `rights’ dimensions of human rights.

It is not self-evident what it is about humans that generates the moral entitlement
to certain benefits, neither is the status clear of those humans who do not share these
(c

qualities. A particular problem is posed by the manner in which these benefits are
asserted to be `rights’, since this concept can operate in practical circumstances as a

Amity Directorate of Distance & Online Education

 118 Introduction to Politics-II

liberty, power, immunity, or claim-right. The locus of any corresponding duty for a claim-
Notes

e
right is no less problematic.

Consequently human rights must be examined more closely, because they are

in
at once so important and yet so vulnerable to probing questions about their origin,
foundation, substance, and operation. Many readily embrace the rhetoric of human
rights. But we do need to ask whether these human rights are really civil rights, in the

nl
sense of belonging to a particular conception of society. By studying the theoretical
under-pinning of human rights, as well as their operation in the context of specific
practical rights issues, we may come to a fuller appreciation of the extent to which
human rights depend upon deliberate policy choices.

O
Activity
1. Discuss the historical theory of rights.

ty
2. Discuss social welfare theory of rights.

Questions and Exercises

si
1. Define natural rights and natural law.
2. What is theory of legal rights?
3. r
What is Marxist theory of rights?
ve
4. Define natural rights and social contract theory.

References
https://www.sfu.ca/~aheard/intro.html
ni

https://plato.stanford.edu/entries/rights/

Answers: Check Your Understanding

U

1. Natural rights, natural law

2. Enlightenment political philosophy
3. Right to self-preservation, the right to property
ity

4. Culture, government
5. Legal
6. Magna Carta
m

7. Discuss the historical theory of rights.

8. Discuss social welfare theory of rights.
)A
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 119

Module-V: Negative V/S Positive Liberty:

Notes

e
A Conceptual Paradigm by Isaiah Berlin

in
Unit-5.1: Historical Analysis of Freedom by Isaiah
5.1.1 Theoretical Concept

nl
5.1.2 One Freedom Harmful for Other
5.1.3 Freedom v/s Coercion

O
5.1.4 Positive Freedom and Higher Self
Unit-5.2: Negative Freedom: A Preference
5.2.1 Concept of Negative Freedom: Berlin

ty
5.2.2 Merits of Negative Liberty
5.2.3 Limitations of Positive Liberty
Unit-5.3: Critical Contradictions

si
5.3.1 Gerald McCullum: The Negative Critique
5.3.2 Critique by Ronald Dworkin
5.3.3 Critique by Mark Lila
r
ve
ni
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education

 120 Introduction to Politics-II

Unit 5.1: Historical Analysis of Freedom by Isaiah

Notes

e
Objectives

in
At the end of the unit, you will be able to understand:

●● Theoretical Concept of Freedom

nl
●● One Freedom Harmful for Other
●● Freedom v/s Coercion

O
●● Positive Freedom and Higher Self

Introduction
The word “freedom” is rarely used in a neutral way. Freedom appears to be noble

ty
and worthwhile. It’s difficult to imagine anyone stating unequivocally that they oppose
it. The term ‘liberty’ can refer to a variety of things. We’re talking about political liberty
here. A concept of negative freedom and a concept of positive freedom were defined by

si
Isaiah Berlin.

Isaiah Berlin (1909–97), a philosopher and historian of ideas, argued in a ground-

r
breaking lecture that there are two basic kinds of freedom that philosophers and
political theorists have defended: negative freedom and positive freedom. There is
ve
room for a wide range of positions in each category, but most theories of freedom easily
fit into one or the other.

Living in a culture necessitates a wide range of cooperation. Typically, this entails

putting aside some of our more selfish desires in order to accommodate the needs of
ni

others. That is part of the human condition. Given how often our wishes clash, it would
be impossible for us to live in a society where we had no restrictions on what we could
do. It would be ridiculous to argue that we should all be free to do whatever we want,
U

regardless of who is harmed by our actions.

5.1.1 Theoretical Concept

ity

To put it another way, liberty is the freedom to do whatever one wants. It’s a
synonym for the term “liberty.” As a result, liberty entails the responsible exercise of
freedom under the rule of law without jeopardizing the liberty of others. There are two
types of freedom. Freedom from, which is negative freedom, and freedom to, which is
m

positive freedom. These two distinct categories of freedom were commonly used by
philosophers and thinkers to explore and debate the government’s role in citizens’ lives.

Negative freedom signifies the lack of external hindrance that thwarts you from
)A

doing what you want, when you want. Other people have imposed these limitations on
you. The more negative freedom you have, the less barriers stand in your way of doing
whatever you want. Negative freedom is referred to by Charles Taylor as a “opportunity
concept” of freedom because it provides you with access to a variety of desirable
opportunities regardless of whether you want to take advantage of them or not.
(c

Positive freedom is the capability to command and control one’s own life.
Positive freedom enables a man to make conscious decisions, define his own purpose,

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 121

and shape his own life; he acts rather than being acted upon. Positive freedom is a
Notes

e
“exercise concept” of freedom, according to Taylor, since it entails sorting through all of
your choices and exercising the ones that are most in line with your true desires.

in
5.1.2 One Freedom Harmful for Other
In general, freedom refers to the ability to act or alter without restriction. Something

nl
is “free” if it can easily alter and is not limited in its current state. A person has the
freedom to do things that will not be hindered by external forces, either in theory or in
practice. The definition of freedom in the English dictionary is as follows: “The right to

O
do what you want without being controlled or restricted by anyone: the protest is about
the infringement of our democratic freedoms - speech/expression/choice.” For decades,
the notion has been a lofty goal to strive for, as well as a moral value upon which our
democratic society is founded.

ty
Natural freedom, which implies the absence of social constraints on action,
and social freedom, which entails the capacity for action (power-to) due to mutually
beneficial structural constraint, are the two most generic forms of freedom. These two

si
freedoms are always at odds.

Negative liberty is mainly involved with freedom from external limitation verses
positive liberty (the ability and resources to achieve one’s potential). Isaiah Berlin
r
first made the distinction in his lecture “Two Concepts of Liberty” in 1958. Negative
ve
freedom, which is historically associated with Classical Liberalism, encourages non-
interference and the removal of all external restrictions on the individual. This means
that people should be able to pursue their own interests without being hampered by
external constraints or pressures. Negative freedom, on the other hand, does not imply
ni

that people should have complete and unlimited freedom. J.S. Mill and other classical
liberals believe that if freedom is unrestricted, it can lead to “license,” or the right to hurt
others.
U

Positive liberty refers to the ability to act on one’s own free will, as compared
to negative liberty, which refers to the absence of external constraints on one’s
actions. Positive liberty may also refer to the absence of internal constraints. Modern
Liberals are generally in favour of positive liberty. It is the belief that freedom should
ity

allow people to develop their own unique personalities, and it is often linked to the
achievement of specific goals or advantages, such as personal growth, self-realization,
or self-mastery. As a result, positive freedom is more concerned with an individual’s
ability to find fulfilment and self-realization.
m

As a result, Modern Liberals have a more positive attitude toward government

intervention. The state is viewed as an enabling state, one that imposes the necessary
restrictions on people to enable them to grow and develop their disparate talents while
)A

preventing others from doing so. The state’s primary responsibility is to eliminate
inequity in society by providing a “level playing field” for all citizens. As a result, modern
liberals support institutions like the Welfare State, which seeks to assist the poor and
disadvantaged by redistributing wealth in their favour. Furthermore, since economic
freedom can lead to exploitation, modern liberals push for government intervention in
(c

the economy.

Amity Directorate of Distance & Online Education

 122 Introduction to Politics-II

Several key political theorists and philosophers have understood freedom and
Notes

e
liberty as a social and political norm. Positive freedom does not appear to be sufficient
in and of itself. Because it can’t exist without the help of others. The example given
earlier in Berlin’s text, which states that an individual’s inability to buy a piece of bread

in
due to poverty is directly related to others interfering in the individual’s life. As a result,
the concept of liberty does not exist by itself; it must be created. Meaning, the chance
of an action (in this case, exercising individual liberty) is contingent on someone

nl
establishing the conditions for that action to occur.

As a result, it appears that the distinction is based on Berlin’s concern that pro-
liberty rhetoric reasoning could be used to limit individual liberty. So, because the

O
individual is left to its own devices, negative freedom appears to stand by its own rights.
Only one person was responsible for his or her actions. In contrast to the issue of
positive freedom.

ty
As a result, Berlin believes that the right to argue against the loss of a negative
freedom is correct, since it advocates that we should not be able to go anywhere
without being harmed. When the same proposition is made in the positive, it

si
necessitates the actions of others – in order for me to exercise my freedoms, someone
may be responsible to lay the foundations for me to do so. Positive freedom advocates
the need to be accountable for one’s own actions, while negative freedom advocates

r
the desire to be accountable for one’s own actions.
ve
5.1.3 Freedom v/s Coercion
Some decisions are said to be made willingly, while others are made involuntarily.
People may be said to live more or less openly in general, depending on factors such
ni

as the range and quality of options available to them, their immunity to outside powerful
parties, and their ability to pursue options of profound importance to them. Autonomy
appears to be a distinct type of freedom that, in contrast to the other types, is used
to describe an inner state of orderly self-direction. Coercion has been thought to
U

be detrimental to at least some, if not all, of these kinds of freedom, as well as to the
special type we call autonomy.

It is easy to see how coercion can limit most types of freedom if it involves the use of
ity

direct force against a person’s body (though not necessarily how it can affect autonomy).

In its most basic forms, the notion of coercion has two faces, which correspond to
the two parties involved. On the one hand, it identifies a method that agents (coercers)
may employ to persuade other agents to do or not do something. On the other hand, it
m

identifies a reason why agents (coerces) sometimes do or do not do something.

Coercion is commonly thought to have many important consequences, including

that it limits the freedom and responsibility of the targeted agent, and that it is a (pro
)A

forma) wrong and/or violation of right. Few people think it is always unjustified, however,
because it appears that no society could function without some form of coercion. It
appears to be an indispensable method in the rearing of children, as it keeps the
deranged and recalcitrant from hurting others.
(c

The ability of a state to use coercion effectively and to monopolize its use within
its territory against both internal and external rivals is sometimes thought to be a
determining factor in its legitimacy and sovereignty.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 123

5.1.4 Positive Freedom and Higher Self

Notes

e
Positive liberty can be turned into a dangerous tool to rob people of their liberty in
two ways. The first method is a form of idealism in which the self is separated into two

in
parts. The second method may be the result of rationalism’s theories.

Humankind is divided into two parts, which can be referred to as real and ideal,
based on idealism’s ideas. Because he or she wants to reach his or her higher self as a

nl
goal, an ideal person tries to completely eliminate his or her irrational desire. According
to this viewpoint, the only way to achieve self-mastery is to eliminate the lower self. As a
result, if someone wishes to be in a position of higher self, they must be constrained by

O
others, such as despotic, tyrannical, repressive, or authoritarian leaders, because most
people are unable to eliminate their lower selves in order to attain their higher selves.

Above all, the greater self would be seen as more than just an individual. It will be

ty
viewed as a social ‘whole’ in which a person is just one of several elements or aspects.
Indeed, the tribe, race, church, state, or political society in which the people live would
be considered the elusive “true self” that everyone seeks.

si
As a result, a person’s actual desires may be overlooked, and members of the real
self may formulate a totalitarian rule to oppress, imprison, torture, or even kill irrational
people in the name of helping others become reasonable. To put it another way, this

r
entity can be identified as the rational self. He or she would be so obstinate in imposing
his or her group that they would be unable to easily rid themselves of its determined
ve
character as “higher” liberty.

Check Your Understanding

1. ‘Freedom’ is not usually a ...................term. Freedom seems noble and ......................
ni

2. Freedom, generally, is having the ability to .............or ..................without constraint.

3. Isaiah Berlin distinguished between a concept of ......................freedom and a
U

concept of ...........................freedom.
4. Negative freedom is freedom from .....................interference that prevents you from
doing.........................................., when you want to do it.
ity

5. Positive freedom is the freedom to .....................and ...................one’s own life.

6. Positive freedom is generally supported by `modern.........................

Summary
m

Berlin distinguished between two types of freedom: negative freedom and positive
freedom. Negative freedom is the absence of interference; it is a question of the
possibilities available to you. Positive freedom refers to the ability to do what you really
)A

want. Positive freedom has been used to justify various forms of oppression in the past,
according to Berlin. Berlin also thinks that there is no such thing as a “final solution,”
that there is no easy way to reconcile different people’s goals.

A pair of associated beliefs drive much of Berlin’s essay on the two notions of
liberty. First, he believes that the concept of a so-called “final solution,” or the belief that
(c

all human goals can be reconciled in the end, has resulted in horrific consequences,
often atrocities. Second, he thinks that there is no way to reconcile the vastly different

Amity Directorate of Distance & Online Education

 124 Introduction to Politics-II

goals that humans have in principle. As a result, there can’t be a one-size-fits-all

Notes

e
solution to all the issues that arise as a result of competing goals. This second belief
helps to explain why we hold negative freedom in such high value.

in
Activity
1. Discuss, keeping current times in perspective, which form of liberty would be
more suitable - negative or positive liberty.

nl
2. Discuss, is one freedom harmful for the other.

Questions and Exercises

O
1. Define theoretical concept of liberty.
2. What is the interpretation of freedom and liberty as a social and political norm?

ty
3. What is coercion?
4. Define positive freedom and higher self.

si
Glossary
1. Despotic – of or typical of a despot; tyrannical
2. Recalcitrant – having an obstinately uncooperative attitude towards authority
or discipline r
ve
3. Rhetoric – language designed to have a persuasive or impressive effect, but
which is often regarded as lacking in sincerity

References
ni

1. Baum, Bruce and Robert Nichols, eds. Isaiah Berlin and the Politics of Freedom:
‘Two Concepts of Liberty’ 50 Years Later, (Routledge, 2013).
U

2. Crowder, George. Isaiah Berlin: Liberty and Pluralism, Cambridge: Polity Press,
2004
3. Cherniss, Joshua; Hardy, Henry. “Isaiah Berlin”. In Zalta, Edward N. (ed.).
Stanford Encyclopedia of Philosophy.
ity

Answers: Check Your Understanding

1. Neutral, Worthy
2. Act, Change
m

3. Negative, Positive
4. External, What you want
)A

5. Control, Direct
6. Liberals
(c

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 125

Unit 5.2: Negative Freedom: A Preference

Notes

e
Objectives

in
At the end of the unit, you will be able to understand:

●● Concept of Negative Freedom: Berlin

nl
●● Merits of Negative Liberty
●● Limitations of Positive Liberty

O
Introduction
The word ‘liberty’ has a strong connotation. We all respond favourably to it, and
revolutions, wars, and political campaigns have all been launched under its banner.

ty
But, exactly, what do we mean when we say “liberty”? The fact that politicians from all
political parties claim to believe in freedom implies that when they talk about it, they
don’t necessarily mean the same thing.

si
In his essay “Two Concepts of Liberty,” the 20th-century political philosopher Isaiah
Berlin distinguished two types of freedom (or liberty), which he called negative freedom
and positive freedom. When Isaiah Berlin was asked to choose between negative and
r
positive freedom, he said he preferred negative freedom. This is not surprising, given
ve
the track record of those who have previously advocated for positive freedom.

Negative freedom, according to him, is the absence of meddling. You are adversely
free to the extent that others do not impose limitations on your actions. Other people
limit your negative freedom to the extent that they prohibit you from doing anything,
ni

either directly through what they do or indirectly through promoting social and economic
arrangements that disadvantage you. Berlin emphasizes that only constraints imposed
by others are considered limits to one’s freedom. Natural restrictions are not taken
U

into account.

Positive freedom proponents do not believe that embracing their conception of

freedom automatically leads to tyranny, and they are convinced that a commitment
to negative freedom is never enough to defend “freedom” against tyrants. They do,
ity

however, have one common factor with those who advocate for negative freedom: they
both compare their definition of freedom with “true freedom,” and regard the other as
false or inaccurate. This may indicate that Berlin’s differentiation is more of a partisan
tool than an analytical tool.
m

5.2.1 Concept of Negative Freedom: Berlin

Negative freedom is defined as the absence of interference. This kind of account of
)A

liberty is frequently advanced in response to the following type of question:

What is the area where the subject – a person or a group of people – is or should
be left alone to do or be what he is capable of doing or being, without interference from
others?
(c

On October 31, 1958, the liberal philosopher Isaiah Berlin gave his inaugural
lecture at the University of Oxford, entitled “Two Concepts of Liberty.” With its analytical

Amity Directorate of Distance & Online Education

 126 Introduction to Politics-II

approach to the definition of political concepts, the essay reintroduced analytic

Notes

e
philosophy to the study of political philosophy.

Negative liberty, according to Berlin, is the absence of external social-body

in
coercion or interference with agents’ possible private actions. He also referred to it as
a relatively new political ideal that resurfaced in the late 17th century. Negative freedom
theories define the reasonable limits of interference in people’s lives. When you limit

nl
the number of decisions I have in my life, you limit my negative freedom. The number of
options available to me determines the extent of my negative freedom.

However, not all limitations on my options are encroachments on my negative

O
liberty. According to Berlin, only constraints imposed by others have an impact on my
freedom. Negative liberty, according to Berlin, is “the area within which a man can act
without being obstructed by others.” On its own, this appears to be a straightforward
notion. It must, however, be narrowed further to emphasize that the impediment must

ty
be human participation rather than physical constraints. If I am to be genuinely free, I
must be free from other people’s coercion.

Berlin believes that poverty can be characterized in a variety of ways, but that in

si
order to genuinely consider an infringement on freedom, human influence must be
examined without regard to personal disability. Money causes stress and economic
inequality, which leads to poverty and, as a result, limits freedom. According to a strict
r
interpretation of negative theory, money imposes itself on residents who are unable to
ve
acquire the capital necessary to prosper in a barter-free society. Naturally, the concept
of negative freedom comes with the caveat that drawing a fine line from which to build a
truly free society is virtually impossible.

Berlin expresses, “we cannot remain absolutely free, and must give up some of
ni

our liberty to preserve the rest...that which a man cannot give up without offending
against the essence of his human nature”. This adds to our understanding of Berlin’s
theory, but it still does not provide a clear picture of liberty. Berlin believes that creativity
U

and originality should be protected and that they are goals from which one can derive
liberty, quoting John Stuart Mill. Berlin, based on the idea of a strong and independent
individual, further state, “and that truth can be found, and such character can be bred,
only in conditions of freedom”.
ity

5.2.2 Merits of Negative Liberty

Negative liberty essentially entails freedom of movement or the right to a choice.
It exists to protect a defined territory of personal freedom from government, a private
m

sphere above which the state does not trespass, as conceived by everyone from
Thomas Hobbes to Berlin. The absence of coercion or physical restraint is known as
negative liberty. This is how classical (right-wing) liberalism views freedom. For the
)A

liberal justification of capitalism, this is a critical notion. The idea is that wage-worker-
employer relationships are free because they are not based on the employer holding a
gun to your head or physically forcing you to accept the job. Negative liberty also has
the following advantages:
(c

●● Negative liberty draws attention to the issue of societal coercion.

●● You can’t be free if you’re forced to do things you wouldn’t normally do

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 127

●● Negative liberty draws attention to the issue of societal coercion.

Notes

e
●● You can’t be free if you’re constantly forced to do things you wouldn’t normally do

in
5.2.3 Limitations of Positive Liberty
Positive theories of freedom, or delusions of them, have been used as oppressive
tools more often than negative theories. These positive theories usually depend on a

nl
distinction between a “higher” and a “lower” self, or, as Berlin expresses it, a “rational”
and a “empirical” self.

Even if the lower, daily, empirical self-fights coercion with all its might, coercion

O
is justified on the grounds that it leads to the realization of the higher or rational
self’s goals. The ultimate humiliation in such a situation is to be told that, contrary to
appearances, what is going on is not coercion, but rather an increase in your freedom.

ty
In other words, Berlin considers that positive theories of freedom have frequently
been implemented to justify oppression, and that it is only a short step from claiming
that freedom entails self-mastery to justifying all sorts of state interference in people’s
lives on the basis that, in Rousseau’s words, it can be right to be “forced to be free” in

si
some circumstances.

The first approach to positive liberty entails the right to compel people to exercise
r
their true liberty. For example, many radical members of various schools, such as
scholastics, theologians, Jacobins, and racists, believe that they have the right and must
ve
force people to follow the correct path of life. This is best evidenced by Berlin’s words:
The positive feeling of freedom has been used to validate rulers’ oppression of subjects.

Positive liberty advocates believe that a group of individuals, such as authorities

ni

or states, should accept the good and bad in the majority. In other words, the state
acknowledges people’s happiness and is free to compel them to pursue it.

On the one hand, Berlin emphasizes the importance of positive freedom as a

U

legitimate issue and a common goal for humans. On the other hand, he claims that
it is extremely dangerous for mankind because rulers can use it to oppress subjects
rather than liberate them. That is why, for Berlin, the external sense of negative liberty
is far superior to positive liberty. The positive sense of independence, according to
ity

Berlin, has the potential to divide a person into opposing parts, which can be viewed as
a higher and lower character. When this concept becomes a tool in the hands of certain
individuals, it becomes authoritarian.

As a result, in the pessimistic sense, positive liberty can lead to totalitarianism or

m

at the very least authoritarianism. According to some liberal political theorists, such as
Isaiah Berlin, advocating positive liberty does not increase a society’s level of liberty, but
rather leads to oppression. The conclusion’s purpose is to prohibit any political activity
)A

on the grounds that it sows the seeds of authoritarianism. In other words, it is proper to
reject positive freedom concepts that allow someone to treat a group of people wrongly
or viciously in the guise of positive freedom.

The assertion that the coerced people have, in a sense, accepted the coercion, is a
(c

misconception of positive freedom. They have “chosen” it as rational beings, but not in
the everyday sense of “chosen.” Though it may not appear so, they are said to be freer
as a result of the coercion.

Amity Directorate of Distance & Online Education

 128 Introduction to Politics-II

In other words, this abuse of positive freedom is based on the belief that forcing
Notes

e
people to be free is acceptable. Indeed, in some cases, this appears to be the only way
for some people to achieve ‘true’ freedom, according to the theory. In recent history,
this shift from positive liberty to forcing people to be “free” has resulted in widespread

in
oppression. Many people’s lives have been ruined as a result of it.

Check Your Understanding

nl
1. The 20th-century political philosopher Isaiah Berlin in his essay ...............................
distinguished two kinds of freedom (or liberty) which he called negative freedom and
positive freedom.

O
2. Negative freedom is freedom from..............................
3. Berlin defined negative liberty as the absence of or interference with agents’ possible
private actions, by an ......................social-body.

ty
4. Berlin feels that poverty can be defined in several ways, yet in order to truly consider
an infringement upon freedom, .............................without personal disability, must
be analysed.

si
5. The advocates of positive freedom do not accept that ...................necessarily
results from embracing their conception of freedom, and they are convinced that a

r
commitment to ............freedom is never enough to defend “freedom” against tyrants.
ve
Summary
To avoid chaos, almost everyone agrees that we must accept some limitations on
our negative freedom. All states impose rules and regulations on their people in order
to help them live together and keep society running smoothly. As a trade-off for other
ni

benefits such as peace, security, and prosperity, we accept these limitations on our
freedom. At the same time, most of us would argue that certain aspects of life should
not be controlled and that people should have significant, if not full, autonomy. The
U

limits of this area of personal negative freedom are a hot topic in political philosophy.

Positive freedom is the ability to control oneself, while negative freedom is the
ability to be controlled by others. To be truly free, one must be one’s own master, acting
ity

rationally and responsibly in one’s own best interests. This may appear to be the polar
opposite of negative freedom. However, a distinction can be drawn between positive
and negative freedom because a person’s self-control may be lacking even though he
is not restrained by others.
m

It’s important to note that Berlin isn’t implying that positive liberty is the only notion
that can be abused. In fact, it is self-evident that various interpretations of the negative
concept can be used to justify some dreadful situations. In some cases, protecting
people’s freedom from interference could be construed as encouraging the powerful to
)A

prosper at the expense of the weak.

Berlin argued that identifying the higher, or “real” self with a social group widens
the gap between positive and negative freedom, as well as the risk of abuse. Of course,
this raises a slew of new concerns. There are no straightforward answers to these
(c

questions about the kind of society we want to live in. Berlin, on the other hand, has
given us a strong tool for thinking about them by distinguishing between negative and
positive freedom.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 129

If positive liberty is to be fully realized, negative liberty must be curtailed; there

Notes

e
must be a balance between the two, which no coherent concepts can be articulated.
Both positive and negative liberty are perfectly valid concepts, but it seems to me that
pseudo-positive liberty has done more historical harm than pseudo-negative liberty in

in
the modern world.

Activity

nl
1. Discuss merits of negative liberty.
2. Discuss limitations of positive liberty.

O
Questions and Exercises
1. What is the concept of negative freedom as per Berlin?
2. As per Isaiah Berlin, what happens if you promote positive liberty?

ty
3. What did Berlin mean by the statement that “positive theories typically rely on a
split between a ‘higher’ and a ‘lower’ self”?

si
4. What did Berlin mean by “negative freedom is freedom from interference”?

Glossary
1. r
Connotation – an idea or feeling which a word invokes for a person in addition
ve
to its literal or primary meaning
2. Encroachment – intrusion of a person’s territory, rights, etc.
3. Proponent – a person who advocates a theory, proposal, or course of action
ni

References
1. Rethinking Positive and Negative Liberty (Routledge Innovations in Political
Theory) 1st Edition by Maria Dimova-Cookson
U

2. Stanford Encyclopedia of Philosophy on Negative/Positive Liberty

3. George Klosko, History of Political Theory: An Introduction: Volume II: Modern
(2nd ed.), Oxford University Press
ity

4. Berlin, I. (1958). “Two Concepts of Liberty.” In Isaiah Berlin (1969): Four Essays
on Liberty. Oxford: Oxford University Press

Answers: Check Your Understanding

m

1. ‘Two Concepts of Liberty’

2. Interference
)A

3. Coercion, exterior
4. Human influence
5. Tyranny, Negative
(c

Amity Directorate of Distance & Online Education

 130 Introduction to Politics-II

Unit 5.3: Critical Contradictions

Notes

e
Objectives

in
At the end of this unit, you will be able to understand:

●● Gerald MacCallum: The Negative Critique

nl
●● Critique by Ronald Dworkin
●● Critique by Mark Lila

O
Introduction
Berlin speaks of negative and positive liberty in a variety of ways, one of which is through
ideals of liberty. Berlin talks about identifying with one of the two freedoms’ “creed.” He also

ty
points out that positive and negative freedom signify two “profoundly and irreconcilable
attitudes to the ends of life.” As a result, his discussion of positive and negative liberty works
particularly well as an analytical framework for studying public opinion.

si
Berlin strongly believes that the negative concept of liberty has rarely served
as a rallying cry for the great masses, and that the great majority has often willingly
sacrificed this liberty in order to attain other, more popular values such as security,
r
status, virtue, power, or equality. Positive liberty is one such value that could jeopardize
ve
negative liberty. According to Berlin, positive liberty answers the following question:
‘What, or who, is the source of control or interference that can determine someone to
do, or be, this rather than that?’

As a result, proponents of the positive concept of liberty are concerned with

ni

achieving self-direction. The aim for them is to be a subject “moved by conscious

purposes,” to be one’s own master, rather than to evade external interference. Berlin
also accepts that the two concepts may appear to be ‘at no great logical distance from
U

each other’. Despite this, he insists that they have ‘historically developed in divergent
directions not always by logically reputable steps, until, in the end, they came into
direct conflict with each other’

This strongly implies that the differentiation between positive and negative liberty
ity

cannot be simplified to a requirement for conceptual clarity for the sake of conceptual
clarity. Instead, Berlin argues that we must differentiate between the two concepts
because supporters of positive and negative freedom are likely to end up in opposing
political camps. The crux of the issue, as we’ll see, is Berlin’s belief that positive liberty,
m

though valuable in and of itself, runs the risk of leading us to believe that liberty is
compatible with coercion.

It is sometimes claimed that Berlin rejects the positive concept of individual liberty,
)A

or even liberty in general.

5.3.1 Gerald MacCallum: The Negative Critique

Disputes about freedom have centred on what it entails, how it relates to other
(c

“social benefits” such as “economic and military security, technical efficiency,” where it
should be ranked among such benefits, and what policy implications policies may have
on freedom’s achievement.
Amity Directorate of Distance & Online Education
 Introduction to Politics-II 131

When it is acknowledged that freedom is not the only benefit that a society can
Notes

e
provide to its members, disagreements over how to reconcile it with other benefits
or values may arise. We have a right to wonder if reconciliation is possible, and if
so, whether it is desirable. In practice, however, these issues are often obscured by

in
disagreements over the policy implications for these values.

It’s also common for “partisans” of all sorts to assert a special affinity for freedom

nl
in light of the policies or forms of organization that they support, while sparing their
opponents the same treatment. This is why freedom has come to be associated with
such a broad range of social and individual benefits that its true meaning has been
completely obscured. This has benefited the “polemicist’s purposes.”

O
The difference between negative and positive liberty must be viewed against this
backdrop of confusion, and although it is affected by it, it is also confused because
it fails to fully comprehend the circumstances under which the concept of freedom is

ty
understandable.

Berlin’s differentiated between negative and positive notions of freedom: freedom

from limitation, and the freedom that is an outcome from self-mastery or self-realisation.

si
In an article titled “Negative and Positive Freedom,” Gerald MacCallum argued that
there is only one principle of freedom, not two, and that the notion that there are two

r
creates ambiguity about what is really at stake. On the distinction between negative and
positive notions of freedom, MacCallum summarizes his position as follows:
ve
The distinction between them has never been made clear enough, is based
in part on serious misunderstanding, and has diverted attention away from what
needs to be investigated if the differences between philosophers, ideologies, and
ni

social movements concerned with freedom are to be understood. The recommended

corrective is to consider freedom as always being one and the same triadic relation,
but to acknowledge that different contending parties disagree about the ranges of the
term variables. This perspective frees oneself from the common but unsatisfying focus
U

on “kinds” of freedom, allowing one to focus on the truly important issues in this area of
social and political philosophy.

MacCallum retains Berlin’s negative liberty structure as freedom from interference,

ity

but he also applies it to positive liberty. According to MacCallum, all restrictions on a

person’s liberty are merely limitations – internal or external – on his ability to act in
accordance with his wishes.

MacCallum proposes a single concept of freedom as a replacement for Berlin’s two

m

concepts: ‘triadic’. This simply means that it is divided into three parts. The following are
the three parts:

●● For someone, freedom is always freedom

)A

●● It also entails freedom from a potential constraint

●● It refers to the ability to do (or not do) something
In any discussion of freedom, MacCallum believes that we should be able to fill in
the details for each of the three sections. When a component appears to be missing, it
(c

is merely because it is implied in the context. What MacCallum is saying is that there
is a more straightforward and useful concept of freedom than the two proposed by

Amity Directorate of Distance & Online Education

 132 Introduction to Politics-II

Berlin. This simpler notion incorporates elements of both Berlin’s negative and positive
Notes

e
concepts of freedom.

in
5.3.2 Critique by Ronald Dworkin
The absence of obstacles, barriers, or constraints is known as negative liberty. To
the extent that actions are available to one in this negative sense, one has negative

nl
independence. Positive liberty is the ability to act — or the fact of acting — in a way
that allows one to take control of one’s life and achieve one’s fundamental goals.
Positive liberty is sometimes attributed to collectivises or individuals regarded primarily

O
as members of given collectivises, whereas negative liberty is generally attributed to
individual agents.

Positive and negative liberty are generally discussed in the context of political
and social philosophy. They are not the same as philosophical debates about free will,

ty
though they are sometimes referred to them. However, research into the nature of
positive liberty often intersects with research into the nature of autonomy.

For liberal theorists like Ronald Dworkin, freedom is not valuable in and of itself,

si
and all claims about maximum or equal freedom should be understood as elliptical
references to the adequacy of lists of specific particular freedoms, or types of liberties,
chosen on the basis of values other than liberty itself. Dworkin claims that the ideals of
r
liberty and equality do not have to be mutually exclusive. He criticizes Isaiah Berlin’s
ve
“flat” conception of liberty and proposes a new, “dynamic” one, arguing that it is
impossible to say one’s liberty has been infringed when one is stopped from committing
murder. As a result, when no wrong has been done, liberty cannot be said to be
infringed. To put it another way, liberty means the freedom to do whatever we want as
ni

long as we don’t infringe on the rights of others.

Ronald Dworkin illustrates the essence of Berlin’s pluralism with exceptional

clarity, but then goes on to suggest that if we interpret our values correctly, we can
U

harmonise them after all. He attempts to describe liberty in a way which does not clash
with equality, thus posing the question, despite his denial. Berlin agrees with Joseph
Butler’s dictum that “everything is what it is, and not another thing,” and extends it
to human values: ‘Everything is what it is: liberty is liberty, not equality or fairness or
ity

justice or culture, or human happiness or a quiet conscience.’ In ways that Bernard

Williams, Thomas Nagel, and Charles Taylor explain, Dworkin’s attempted evasion of
this principle is ingenious, but it lacks conviction.

Theoretical issues needed to measure overall freedom include how to individuate,

m

count, and weight an agent’s available actions, as well as comparing and weighting
various kinds of freedom restrictions (such as physical prevention, punishability, threats
and manipulation).
)A

5.3.3 Critique by Mark Lila

Mark Lilla expresses his admiration for Berlin the man, but he strongly disagrees
with his portrayal of the historical figures he wrote about. He develops a familiar
(c

critique by implying that these figures are much less in tune with Berlin than Berlin
portrays them. This complaint is valid, but it overlooks the crucial point that what
is exciting and valuable in Berlin is the result of his encounters with these figures,

Amity Directorate of Distance & Online Education

 Introduction to Politics-II 133

however misinterpreted they may be. The outcome might have been better as straight
Notes

e
intellectual history if he had been meticulously precise and balanced, but it would have
been no substitute for illumination of human life.

in
The nature of Berlin’s donations exemplifies his pluralism: we could have had a
dutiful attempt at reliable history in place of creative engagement with an eclectic
personal reading of history, but not both. For someone who could have given us the

nl
second to settle for the first would have been a waste.

Check your Understanding

O
1. Berlin’s discussion of .................... and ......................liberty thus serves especially
well as an ..............................framework for studying public opinion.
2. Berlin clearly believes that the .......................notion of liberty has seldom
‘formed a rallying cry for the ..............................

ty
3. MacCallum preserves the structure of Berlin’s negative liberty as the freedom
from......................., but he applies it to .....................liberty as well.

si
4. Dworkin contends that the values of ...................and .....................do not necessarily
conflict.
5. Berlin’s distinguished between negative and positive concepts of freedom: freedom
r
from........................., and the freedom that results from ....................or........................
ve
Summary
Two Concepts of Liberty, Isaiah Berlin’s seminal lecture from 1958, would go
on to become a classic in political theory. It evolved into an essay and remains an
ni

unavoidable starting point for discussions of freedom ideals. Berlin, it has been
suggested, “opened up critical discussion of the concept of freedom” by outlining the
distinction between positive and negative liberty.
U

Although Isaiah Berlin has written more about freedom than anyone since John
Stuart Mill, the fundamentally rational dimension of freedom has been practically
obliterated in his works. What Berlin has hidden from himself is the fact that abstract
freedom, like all mere abstractions, does not exist, but he has felt that the limited
ity

latitude of alternatives implicit in his moral pluralism will limit the extension of freedom
to an infinite extent.

It is not enough for him to understand the precariousness of the complete and
unrestricted exercise of freedom implicit in that pluralism; he must also acknowledge
m

that restrictions on freedom can only be imposed by a standard other than freedom.
However, we have no evidence that he ever considered that possibility based on his
published writings.
)A

Activity
1. Discuss “The Negative Critique” by Gerald MacCallum.
2. Discuss “The Negative Critique” by Ronald Dworkin.
(c

Amity Directorate of Distance & Online Education

 134 Introduction to Politics-II

Questions and Exercises

Notes

e
1. What is distinction between negative and positive concepts of freedom as per
Gerald MacCallum?

in
2. What freedom means for liberal theorists, like Ronald Dworkin?
3. What are the thoughts of Mark Lilla on the liberty theory as developed by Berlin?

nl
4. What are the views of supporters of the positive notion of liberty?

Glossary

O
1. Affinity – a natural liking for and understanding of someone or something
2. Crux – the decisive or most important point at issue
3. Polemicist – a person who attacks another with written or spoken words

ty
References
1. Carter, Ian. “Positive and Negative Liberty”. In Zalta, Edward N. (ed.). Stanford

si
Encyclopedia of Philosophy.
2. Isaiah Berlin, (Oxford 2004) Liberty

r
Answers: Check Your Understanding
ve
1. Positive, negative, analytical
2. Negative, great masses
3. Interference, positive
ni

4. Liberty, equality
5. Constraint, self-mastery, self-realisation
U
ity
m
)A
(c

Amity Directorate of Distance & Online Education