Question

Write a note on the rights and the duties of an individual in political science?

Answer 1

Functional Theory of Rights:

ADVERTISEMENTS:

The most attractive part of Laski’s theory is functional aspect of rights. It is attractive not because of its novelty but because of its emphasis on the relation between right and duty. He says, “Rights are correlative to functions”

Laski on Legal Theory of Rights:

ADVERTISEMENTS:

Laski analyses the legal theory of state. The central theme of the legal theory of rights is that they completely depend upon the institutions and recognition of state. An individual cannot claim rights if those are not recognised by the state. Mere recognition, moreover, is not sufficient for the exercise of rights. The state must, through law and institutions, implement the rights.

Right to Resist:

Laski, in clear language, admits individual’s right to resist that is, he has right against the state and in-this regard Laski does not agree with Green’s views. Before discussing his views, in order to be clear, we must add few words about Green’s opinion. Green has said: a right against society as such, a right to act without reference to the needs or good of society, is an impossibility since every right depends on some social relation