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I. RIGHTS

➢ are ethical, legal, or social fundamentals of liberty or privilege

➢ are the basic normative regulations about what is entitled or owed to individuals,

according to some legal procedure, social tradition, or ethical idea

➢ are important to all civilizations and the record of social disputes is mostly tied

with tries to both explain and redefine them

➢ are something an individual possesses which most people believe should not be

robbed of. It is in the law about what an individual can do or keep. A right is

dissimilar from a privilege, which is something that must be acquired. Rights are

put into laws, so they have lawful security against abusers

➢ are to retain the means to identify what people can and cannot do, and so to

practice authority over a particular domain of affairs

TYPES OF RIGHTS

There are four basic types of rights or freedoms. Biological, economic, cultural,

and political. Each of these rights is the freedom to participate in (or access) the

corresponding system or to be the party involved in the relationships that characterize

the structure of a particular system.

❖ Biological Rights

➢ the right to eat, keep warm, and the right to reproduce are the same as the

freedom to access food, clothing, and sexual partners

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❖ Economic Rights

➢ the right to work which one freely chooses or accepts, food, the right to

own a home, the right to a fair wage, a reasonable limitation of working

hours, and trade union rights are synonymous with the possibility of

access to the economic system

➢ provide the conditions necessary for prosperity and wellbeing

❖ Cultural Rights

➢ the right to education, the right to maintain religious beliefs, and the

right to participate in research, mean the freedom to participate in the

cultural system

➢ the right to participate freely in the cultural life of the community, the

right to share in scientific advancement and the right to the protection of

the moral and material interests resulting from any scientific, literary or

artistic production of which one is the author

❖ Political Rights

➢ the right to join, vote, or be elected to a political party, are synonymous

with the freedom to participate in the political system.

➢ are those set out in Articles 19 to 21 UDHR and also codified in the ICCPR.

They include freedom of expression, freedom of association and assembly,

the right to take part in the government of one’s country and the right to
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vote and stand for election at genuine periodic elections held by secret

ballot

❖ Fundamental Rights

➢ are the basic rights of the citizens of a country that are approved by the

Supreme court and recognized by the society.

➢ are enshrined in the constitution and they are enforceable in the court of

law, in the sense that if there is any kind of violation of the right the

individual can go to the court for the protection of his/her right

➢ applies to all the people equally, regardless of their caste, religion, gender,

race, origin, etc

➢ ensures civil liberty, so that all the citizens of the country can lead their

life in the way they want

The list of fundamental rights are given below:

● Right to freedom ● Cultural and Educational rights

● Right to equality ● Right against exploitation

● Right to freedom of religion ● Right to Privacy

● Right to constitutional

remedies
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❖ Human Rights

➢ are universal, absolute and fundamental moral claims, in the sense that

they belong to all human beings, they are inalienable and are basic to a

real living

➢ are essential for all the individuals, irrespective of their caste, creed,

nationality, place of birth, citizenship and any other status. All individuals

enjoy same human rights, without any discrimination.

➢ are basic rights of the people that advocate fairness, equality, freedom

and respect for all

➢ are extremely important for the betterment of the society, as it abolishes

various practices like injustice, exploitation, discrimination and

inequality

Some of the common human rights are, freedom from discrimination, right to

life, equality before the law, liberty and personal security, right to education, freedom

of thought, right to free movement, etc.

❖ Civil Rights

➢ designed to protect individuals’ freedom from violation by governments,

political and social organizations, and individuals

➢ protect against discrimination in civil and political society, but this

protection depends on the state or nation in which the citizen belongs:

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‘Civil rights are in place to protect citizens from discrimination and to

grant them certain freedoms in that nation.’

❖ Classic Rights

➢ are often seen to require the non-intervention of the state (negative

obligation)

➢ entail an obligation for the state to refrain from certain actions

➢ in terms of a duty to achieve a given result (‘obligation of result’)

➢ such as civil and political rights often require considerable investment by

the state. The state does not merely have the obligation to respect these

rights, but must also guarantee that people can effectively enjoy them.

❖ Social Rights

➢ requiring active intervention on the part of the state (positive

obligations).

➢ oblige it to provide certain guarantees.

➢ in terms of a duty to provide the means (‘obligations of conduct’).

➢ contain elements that require the state to abstain from interfering with

the individual’s exercise of the right.

➢ are those rights necessary for an adequate standard of living, including

rights to health, shelter, food, social care, and the right to education.
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❖ Basic Right

➢ given absolute priority in national and international policy.

➢ include all the rights which concern people’s primary material and

non-material needs. If these are not provided, no human being can lead a

dignified existence.

➢ include the right to life, the right to a minimum level of security, the

inviolability of the person, freedom from slavery and servitude, and

freedom from torture, unlawful deprivation of liberty, discrimination and

other acts which impinge on human dignity.

➢ also include freedom of thought, conscience and religion, as well as the

right to suitable nutrition, clothing, shelter and medical care, and other

essentials crucial to physical and mental health.

➢ the right to participate in public life through elections (which is also a

political right) or to take part in cultural life are participation rights that

are generally considered to belong to the category of fundamental rights,

being essential preconditions for the protection of all kinds of basic

human rights.

II. HUMAN RIGHT

➢ universal guarantees protecting individuals and groups against actions that

interfere with fundamental freedoms and human dignity.

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➢ universal and inalienable; indivisible; interdependent and interrelated.

➢ universal because people around the world especially those in a Republic,

Democratic or in a Unitary government in which people are the center of the

authorities.

➢ inalienable because no one can take them away, it is indivisible because one set

of rights cannot be enjoyed fully without the other.

➢ interdependent because the fulfillment of one right often depends, wholly or in

part, upon the fulfillment of others.

Human Rights Law – laws that oblige the government to do some things to prevent

them from doing others.

BASIC PRINCIPLES OF HUMAN RIGHTS

1. Universal

➢ “All human beings are born free and equal in dignity and rights.”

➢ the duty of States to promote and protect all human rights and

fundamental freedoms, regardless of their political, economic, and

cultural systems.

2. Equal and Non-discriminatory

➢ applies to everyone concerning all human rights and freedoms

➢ prohibits discrimination based on a list of non-exhaustive categories such

as sex, race, color, and so on.

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➢ “All humans are born free and equal in dignity and rights.”

3. Indivisible

➢ Human rights are indivisible which means that one set of rights cannot be

enjoyed fully without the other whether interrelated and interdependent:

○ civil and political rights - the right to life

○ equality of the law and freedom of expression

○ economic, social, and cultural rights - the rights to work, social

security, and education

○ collective rights - the rights to development and self-determination

4. Interdependent

➢ The improvement of one right facilitates the advancement of the others.

➢ The deprivation of one right adversely affects the Others.

The Universal Declaration of Human Rights of 1948

❖ Adopted unanimously by the General Assembly on 10 December 1948;

❖ Common standard of achievement for all peoples and all nations

❖ Sets out fundamental human rights to be universally protected

Universal Declaration of Human Rights

Article 1: Right to equality Article 3: Right to life, liberty,

Article 2: Freedom from personal security

discrimination Article 4: Freedom from slavery

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Article 5: Freedom from torture and Article 15: Right to a nationality and

degrading treatment the freedom to change it

Article 6: Right to recognition as a Article 16: Right to marriage and

person before the law family

Article 7: Right to equality before the Article 17: Right to own property

law Article 18: Freedom of belief and

Article 8: Right to remedy by religion

competent tribunal Article 19: Freedom of opinion and

Article 9: Freedom from arbitrary information

arrest and exile Article 20: Right to peaceful assembly

Article 10: Right to fair public hearing and association

Article 11: Right to be considered Article 21: Right to participate in

innocent until proven guilty government and in free elections

Article 12: Freedom from interference Article 22: Right to social security

with privacy, family, home and Article 23: Right to desirable work

correspondence and to join trade unions

Article 13: Right to free movement in Article 24: Right to rest and leisure

and out the country Article 25: Right to adequate living

Article 14: Right to asylum in other standard

countries from persecution Article 26: Right to education

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Article 27: Right to participate in the Article 29: Community duties

cultural life of the community essential to free and full development

Article 28: Right to a social order that Article 30:Freedom from state or

articulates this document personal interference in the above

right

Both Rights and Obligations

Human rights entail both rights and obligations. States assume obligations and

duties under International law to respect, protect, and fulfill Human rights. The

individual level is entitled to Human Rights and should also respect the human rights

of others.

State Obligations

❖ RESPECT: States must refrain from interfering with or curtailing the enjoyment

of human rights.

❖ PROTECT: States must protect individuals and groups against human rights

abuses.

❖ FULFILL: States must take positive action to facilitate the enjoyment of basic

human rights.

The general concept of rights is that they are possessed by individuals in the

sense that they are permissions and entitlements to do things which other persons, or

which governments or authorities, can not infringe.

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III. LIBERTY

➢ liberty comes from the Latin word “liber,” which is “free.”

➢ refers to the freedom from restraints and the freedom to act as one wishes.

➢ considered harmful, in civil society.

➢ understood to signify the absence of only those restraints that are deemed

illogical.

It is believed that only in the jungle do animals have complete freedom from restraints

because, in civil society, no one can be allowed to behave without restraints.

Definitions of Liberty

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

his personality.” - G.D.H Cole

❖ “Freedom is not the absence of all restraints but rather the substitution of

rational ones for the irrational.” – Mckechnie

❖ “Liberty is the existence 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.” - Laski

Two Ways to Define Liberty

❖ Negative Liberty

➢ understood to imply a lack of restrictions.

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➢ means the freedom to act in any way. In this case, no limitation at all. A

person can do whatever he wants to do since everything is free. In a civil

society, such a definition of liberty will never be acceptable.

❖ Positive Liberty

➢ defined in its positive sense as freedom under rational and logical

restraints, i.e. restraints that are acceptable and have survived the test of

time.

➢ entails liberty within the bounds of law’s rational and necessary

constraints. These limitations are thought to be necessary for

guaranteeing that everyone has equal access to liberty. Only positive

liberty can be available to people in a civil society.

Kinds of Liberty

❖ Natural Liberty

➢ means that a man has complete freedom to do whatever he wants.

➢ is free of any restraints and interference. It’s easy to see that this form of

liberty is nothing more than a euphemism for forest freedom. The concept

of liberty refers to a person’s social existence.

❖ Civil Liberty

➢ refers to a man’s freedom in his daily life as a member of society.

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➢ refers to a man’s right to do whatever he wants as long as he abides by the

constraints put on him in the public interest. The rights and privileges

that society acknowledges and the state safeguards in an individual’s

private and public life are referred to as civil or social liberty.

❖ Political Liberty

➢ refers to the people’s power to participate in the affairs of the state.

Political liberty is inextricably related to man’s life as a citizen.

➢ entails provisions for the universal adult franchise, free and fair elections,

and the freedom to express oneself healthily. In truth, political liberty

entails restricting, as well as forming and directing, the government.

❖ Personal Liberty

➢ refers to the freedom to pursue one’s desires and interests, as long as they

do not conflict with those of others.

➢ Individual freedom includes things like freedom of speech and expression,

freedom of residence, freedom of movement, freedom of conscience,

freedom of tastes and pursuits, freedom to choose any profession, trade,

or occupation, freedom to enjoy the fruits of one’s labor, the right to

personal property, freedom to profess or not profess any religion, and

freedom to accept or not accept any ideology. All of these liberties,

however, must be enjoyed in a way that does not impede the equal
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freedom of others and does not jeopardize public order, health, or

morality.

❖ Economic Liberty

➢ It’s a sociological notion that brings the issue of liberty into the realm of a

person’s family life. It suggests that of all the associations inside the

state, the family is the most ubiquitous and has the most self-sustaining

vitality.

❖ National Liberty

➢ National liberty is another term for a country’s independence.

➢ It entails the citizens of each state having complete freedom:

○ To have their constitution

○ The ability to form their government on their terms

○ The ability to freely adapt their policies and programs

○ To desire independence in all of the world’s relationships

○ Independence from outside influence

❖ Religious Liberty

➢ It refers to the freedom to practice or not practice any religion.

➢ It entails religious freedom and the state’s abstention from interfering in

people’s religious concerns.

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➢ It also implies that all religions have an equal right to freely carry out

their activities in society. Such religious liberty is demanded by

secularism.

❖ Moral Liberty

➢ Moral liberty is defined as the ability to act under one’s conscience. It

represents the freedom to work toward moral self-perfection.

➢ Moral liberty is the freedom to pursue moral values. As a result, when one

seeks the right to liberty, they are truly asking for liberty in all of its

forms.

IV. EQUALITY

➢ implies a correspondence between a group of different objects, people,

processes, or circumstances with the same qualities in at least one, but not all.

➢ regarding one specific feature, with differences in others.

➢ means a state of being equal

➢ derived from Aequs/ aequalis, meaning fair.

➢ regarded as a distributive principle through which rights, treatments, and

opportunities are legally distributed among the beneficiaries.

➢ recognizes that certain groups of people with protected characteristics, such as

race, disability, gender, and sexual orientation, have historically faced

persecution.
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‘Equality,’ ‘equal,’ and ‘equally’ - indicates a qualitative relationship.

Legal and political equality may be more important to liberals than economic

equality. In contrast, the emphasis in a socialist and Marxian framework is more on

economic equality. A feminist would argue that gender equality is vital while in a

caste-divided society like India, it could be argued that social equality is more

important than other dimensions if other dimensions are to be meaningful. The

concept of equality among humans is perplexing. A nation that aims for equality

implemented a law to create change in its society. Where the pluralistic pattern of

society has become the order of the day, whether, in a developed or underdeveloped

nation, a law for equality is inadequate and opposed. Liberty and rights lead to the third

political theory principle, equality. Equality determines how rights are distributed

among individuals as citizens and groups, whether equally or unequally.

‘Equality’ must then be distinguished from identity, which refers to the same

object corresponding to itself in all its features. It implies equal rights, privileges,

treatments, status, and opportunities. Fairness does not entail that everyone is treated

equally in all circumstances. It might imply unequal treatment for those who are

unequal. It is crucially related to the notion of justice because it usually requires a fair

distributive principle. Those who are equal, on the other contrary, should not be treated

as unequal, and those who are unequal as equal. It is also the belief that no one should

have fewer life opportunities because of how they were born, where they came from,
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what they believe, or whether they have a disability. Equality is about providing

everyone an equal opportunity to make the most of their lives and talents.

The two are inextricably linked: on the one hand, the purpose of the allegedly

factual assertion is to support social ideals and political action programs; on the other

hand, those political proposals have force because they are regarded as affirming

equality which is believed to exist in some sense but has been obscured or ignored by

actual social arrangements.

Regarding the first, one could claim strongly that all people are equal in all those

respects that warrant equal treatment. This would amount to peddling factually

incorrect information because people are not equal in every way. Yet, to say that it is in

our common humanity, that is, in the mere fact that we are all humans, that we are

equal would be to say nothing useful.

Regarding the second, the principle cannot possibly demand that everyone

should be treated alike in all circumstances (or even as much as possible). But the

principle cannot also be reduced to the mere claim that different people should be

treated differently. This amounts to saying that for every difference in the way people

are treated, some general reason or principle of differentiation must be given. One

could, on this weak interpretation, simply justify discriminatory treatment towards, for

instance, women by saying that women are different.

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Different Views towards Equality

❖ Ronald Dworkin defines equality as an “envy-free” distribution of resources. This

fuels the suspicion that egalitarian policies are driven purely by envy.

❖ According to Phillipe Van Parijs, equality in conjunction with liberal neutrality

among conceptions of the good necessitates the state supporting lazy,

able-bodied surfers who refuse to work. This invites the change that egalitarians

support irresponsibility and encourage the slothful to be parasitic on the

productive.

❖ Richard Arneson claims that equality requires that, under certain conditions, the

state subsidizes extremely costly religious ceremonies that citizens feel bound to

perform.

❖ According to G.A. Cohen, equality necessitates compensating people for being

temperamentally distressed or for being so incurably bored by inexpensive

hobbies that they can only obtain fulfilling recreation inexpensive diversions.

The case for greater equality is not just the reverse of the case against income

and wealth inequality. Gaining greater equality has several specific positive effects on

society, which we can refer to as the ‘equality effect.’ Greater economic equality makes

less stupid, less afraid, and more content with the citizens’ lives. It could provide even

more benefits than that. Nowadays, people have tolerated immense inequality for so
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long that they can’t be sure of all that is possible when they eventually do treat each

other with economic respect.

V. JUSTICE

➢ the principle that people receive which they deserve, with the interpretation of

what constitutes "deserve" being impacted upon by numerous fields, with many

different viewpoints and perspectives, including the concepts of moral

correctness based on ethics, rationality, law, religion, equity and fairness, in its

broadest sense.

The state will sometimes endeavor to increase justice by operating courts and

enforcing their rulings. The idea of justice occupies center stage both in ethics and in

legal and political philosophy. It will apply to individual actions, to laws, and to public

policies, and think in each case that if they are unjust, this is a strong, maybe even

conclusive, reason to reject them.

CORE FEATURES DISTINCTIONS OF JUSTICE

❖ Justice: Mapping the Concept

'Justice' has sometimes been used in a way that makes it virtually

indistinguishable from rightness in general. Aristotle, for example, distinguished

between 'universal' justice that corresponded to 'virtue as a whole' and 'particular'

justice, which had a narrower scope (Aristotle, Nicomachean Ethics, Book V, CHS. 1–2).

The wide sense may have been more evident in classical Greek than in modern English.
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But Aristotle also noted that when justice was identified with 'complete virtue,' this was

always 'in relation to another person. In other words, if justice is to be identified with

morality as such, it must be morality in the sense of 'what we owe to each other.

Justice takes on different meanings in different practical contexts, and to

understand it fully, we have to grapple with this diversity. But it is nevertheless worth

asking whether we find a core concept that runs through all these various uses or

whether it is better regarded as a family resemblance idea according to which different

combinations of features are expected to appear on each occasion of use.

➢ Justice and Individual Claims

○ shows that justice has to do with how individual people are treated

('to each his due').

Issues of justice arise in circumstances in which people can advance claims – to

freedom, opportunities, resources, and so forth – that are potentially conflicting, and

we appeal to justice to resolve such conflicts by determining what each person is

properly entitled to have. In contrast, where people's interests converge, and the

decision to be taken is about the best way to pursue some common purpose – think of a

government official having to decide how much food to stockpile as insurance against

some future emergency – justice gives way to other values. In other cases, there may be

no reason to appeal to justice because resources are so plentiful that we do not need to

worry about allotting shares to individuals.

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➢ Justice, Charity and Enforceable Obligation

○ justice is a matter of claims that can be rightfully made against the

agent dispensing justice, whether a person or an institution.

Second, Justinian's definition underlines that just treatment is something due to

each person. There is a contrast with other virtues: we demand justice, but we beg for

charity or forgiveness. This also means that justice is a matter of obligation for the

agent dispensing it and that the agent wrongs the recipient if the latter is denied what

is due to her. It is a characteristic mark of justice that the obligations it creates should

be enforceable: we can be made to deliver what is due to others as a matter of justice,

either by the recipients themselves or by third parties. However, it overstates the

position to make the enforceability of its requirements a defining feature of justice. On

the one hand, there are some claims of justice that seem not to be enforceable (by

anyone).

➢ Justice and Impartiality

The third aspect of justice to which Justinian's definition draws our attention is

the connection between justice and the impartial and consistent application of rules –

that is what the 'constant and perpetual will' part of the definition conveys. Justice is

the opposite of arbitrariness. It requires that where two cases are relevantly alike, they

should be treated in the same way.

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Following a rule that specifies what is due to a person who has features X, Y, Z,

whenever such a person is encountered, ensures this. And although the rule need not

be unchangeable – perpetual in the literal sense – it must be relatively stable. This

explains why justice is exemplified in the rule of law, where laws are understood as

general rules impartially applied over time.

➢ Justice and Agency

Finally, the definition reminds us that justice requires an agent whose will alters

the circumstances of its objects. The agent might be an individual person, or it might

be a group of people or an institution such as the state. So we cannot, except

metaphorically, describe as unjust states of affairs that no agent has contributed to

bringing about – unless we think that there is a Divine Being who has ordered the

universe in such a way that every outcome is a manifestation of His will. Admittedly we

are tempted to make judgments of what is sometimes called 'cosmic injustice' – say

when a talented person's life is cut cruelly short by cancer, or our favorite football team

is eliminated from the competition by a freak goal – but this is a temptation we should

resist.

❖ Justice: Four Distinctions

➢ Conservative versus Ideal Justice

Philosophers writing on justice have observed that it has two different faces, one

conservative of existing norms and practices, the other demanding reform of these
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norms and practices (see Sidgwick 1874/1907, Raphael 2001). Thus, on the one hand, it

is a matter of justice to respect people's rights under existing law or moral rules, or

more generally to fulfill the legitimate expectations they have acquired as a result of

past practice, social conventions, and so forth; on the other hand, justice often gives us

reason to change laws, practices, and conventions quite radically, thereby creating new

entitlements and expectations. This exposes an ambiguity in what it means to 'render

each his due.'

It applies to the announced system of public law and statutes and not to

particular transactions or distributions, nor to the decisions of individuals and

associations, but rather to the institutional background against which these

transactions and decisions take place. There are no unannounced and unpredictable

interferences with citizens' expectations and acquisitions. Entitlements are earned and

honored, as the public system of rules declares.

➢ Corrective versus Distributive Justice

A second important contrast, whose pedigree reaches back at least as far as

Aristotle, is between justice as a principle for assigning distributable goods of various

kinds to individual people and justice as a remedial principle that applies when one

person wrongly interferes with another's legitimate holdings. Thus suppose Bill steals

Alice's computer or sells Alice faulty goods which he claims to be in perfect order: then

Alice suffers a loss, which justice demands that Bill should remedy by returning the
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computer or fulfilling his contract honestly. Corrective justice, then, essentially

concerns a bilateral relationship between a wrongdoer and his victim and demands that

the fault be canceled by restoring the victim to the position she would have been in had

the wrongful behavior not occurred; it may also require that the wrongdoer not benefit

from his faulty behavior. Distributive justice, on the other hand, is multilateral: it

assumes a distributing agent and a number of persons who have claims on what is being

distributed. Justice here requires that the resources available to the distributor be

shared according to some relevant criterion, such as equality, desert, or need.

It seems, then, that the value of corrective justice must lie in the principle that

each person must take responsibility for his own conduct, and if he fails to respect the

legitimate interests of others by causing injury, he must make good the harm. In that

way, each person can plan her life securely in the knowledge that she will be protected

against certain kinds of external setbacks. Philosophers and lawyers writing on

corrective justice disagree about what standard of responsibility should apply – for

example, whether compensation is required only when one person wilfully or

negligently causes another to suffer loss, or whether it can also be demanded when the

perpetrator displays no such fault but is nevertheless causally responsible for the

injury.
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➢ Procedural versus Substantive justice

Procedural Justice holds that fair procedure leads to an equitable outcome. ... In

all, Procedural Justice follows the process of fairness. Substantive justice, on the other

hand, checks the fairness of laws that led to the process.

Theories of justice can then be distinguished according to the relative weight

they attach to procedures and substantive outcomes. Some theories are purely

procedural in form. Robert Nozick distinguished between historical theories of justice,

end-state theories, and patterned theories in order to defend the first against the

second and third (Nozick 1974). An end-state theory defines justice in terms of some

overall property of distribution (of resources, welfare, etc.) – for example, whether it is

egalitarian or whether the lowest position in the distribution is as high as it can be, as

Rawls' difference principle requires. A patterned theory looks at whether what each

receives as part of a distribution matches some individual feature such as their desert or

their need. By contrast, an historical theory asks about the process by which the final

outcome has arisen. In Nozick's particular case, a distribution of resources is said to be

just if everyone within its scope is entitled to what they now own, having acquired it by

legitimate means – such as voluntary contract or gift – from someone who was also

entitled to have it, leading back eventually to a just act of acquisition – such as laboring

on a plot of land – that gave the first owner his valid title. The shape of the final
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distribution is irrelevant: according to Nozick, justice is entirely a matter of the

sequence of prior events that created it.

➢ Comparative versus Non-Comparative Justice

Justice takes a comparative form when to determine what is due to one person

we need to look at what others can also claim: to determine how large a slice of pie is

rightfully John's, we have to know how many others have a claim to the pie, and also

what the principle for sharing it should be – equality, or something else. Justice takes a

non-comparative form when we can determine what is due to a person merely by

knowing relevant facts about that particular person: if John has already been promised

the whole of the pie, then that is what he can rightfully claim for himself. Some

theories of justice seem to imply that justice is always a comparative notion – for

example when it is said that justice consists in the absence of arbitrary inequality –

whereas others imply that it is always non-comparative. But conceptually, at least, both

forms seem admissible; indeed we can find cases in which it appears we have to choose

between doing justice comparatively and doing it non-comparatively.

❖ The Scope of Justice

When discussing Hume, encountered the idea that there might be circumstances

in which justice becomes irrelevant – circumstances in which resources are so abundant

that it is pointless to allocate individual shares, or, as Hume also believed, in which

resources are so scarce that everyone is permitted to grab what he can in the name of
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self-preservation. But even in circumstances that are less extreme than these, questions

about scope arise.

➢ Human vs non-human animals

Most past philosophers have assumed that the line should be drawn so as to

exclude all non-human animals, but more recently, some have been prepared to defend

'justice for animals'. Against this, Rawls asserts that although we have 'duties of

compassion and humanity' towards animals and should refrain from treating them

cruelly, nonetheless, they are 'outside the scope of the theory of justice.'

We can focus our attention either on individual features that humans possess

and animals lack, and that might be thought relevant to their inclusion within the

scope of justice, or on asymmetries in the relationship between humans and other

animals. To begin with the latter, Hume (Hume, Enquiry, p. 190) claimed that the

domination humans exercised over animals – such that an animal could only possess

something by virtue of our permission – meant that we were 'bound by the laws of

humanity to give gentle usage to these creatures, but should not, properly speaking, lie

under any restraint of justice with regard to them'.

➢ Relational vs Non-Relational Justice

The relational approach grounds justice in features of relationships,

associations, and common institutions. The non-relational approach, in contrast,

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grounds justice in universal features of human beings, considered apart from their

relationships with others.

Other theories offer different accounts of the relevant justice-generating feature:

for example, Nagel has argued that principles of distributive justice apply among

people who by virtue of being citizens of the same state are required both to comply

with, and accept responsibility for, the coercive laws that govern their lives.

Relational theorists claim that when people associate with one another in the

relevant way, they become agents of justice. On a small scale they can organize

informally to ensure that each receives what is due to him relative to the rest. On a

larger scale, distributive justice requires the creation of legal and other institutions to

achieve that outcome. Moreover failure to coordinate their actions in this way is likely

to be a source of injustice by omission.

➢ Individuals vs Institutions

No one doubts that some duties of justice fall directly on individuals, for

example duties not to deceive or defraud when engaging in commercial transactions

(and duties of corrective justice where behaviour is faulty), or duties to carry out one's

fair share of an informally organized project from which one expects to benefit, such as

cleaning up the neighbourhood park.

Others fall on them because they are performing a role within a social

institution, for example the duty of an employer not to discriminate on grounds of race
 29

or gender when hiring workers, or the duty of a local government officer to assign

public housing to those in greatest need. But what is much more in dispute is whether

individual people have more extensive duties to promote social justice.

➢ Recognition vs. Redistribution

Recent philosophical writing on justice has drawn attention to forms of injustice

that do not involve the material treatment that people receive, either from other

persons or from institutions, but the harms they suffer through failures of recognition.

They are impacted by social norms and social practices that diminish their sense of

agency and induce them to see themselves as of lesser value than others. Here then

justice is understood as being adequately and appropriately recognized, and injustice as

involving failures of recognition, or in some cases' misrecognition', when a person is

placed in a category or assigned an identity that is not their own. In one influential

formulation of this idea, 'it is unjust that some individuals and groups are denied the

status of full partners in social interaction simply as a consequence of institutionalized

patterns of cultural value in whose construction they have not equally participated and

which disparage their distinctive characteristics or the distinctive characteristics

assigned to them'.

❖ Utilitarianism and Justice

We treat it here as a normative theory whose aim is to supply a criterion – the

greatest happiness principle – that can be used, directly or indirectly, both by

 30

individuals and by institutions (such as states) in deciding what to do, rather than

simply as a tool for evaluating states of affairs. Utilitarianism cannot plausibly provide

a theory of justice unless it is interpreted in this action-guiding way, in light of what

was said above about justice and agency. We also assume that the most likely candidate

will be a rule-utilitarian view that treats principles of justice as belonging to the set of

rules which when followed by the relevant agents will tend to produce the greatest total

utility.

➢ Accommodating intuitions about justice

Most utilitarians have regarded it as part of their task in defending utilitarianism

to show that it can both accommodate and explain much of what we intuitively believe

about justice. This is certainly true of two of the greatest among them, John Stuart Mill

and Sidgwick, both of whom went to considerable lengths to show that familiar

principles of justice could be given a utilitarian rationale. If we follow the lead of Mill

and Sidgwick in wishing to take seriously how justice is commonly understood, the

utilitarian has two challenges to face. First he or she must show that the demands of

justice as commonly understood correspond roughly to the rules that when followed by

persons, or implemented by institutions, are most conducive to the greatest happiness.

To explain the distinctiveness of justice, Mill suggests that it designates moral

requirements that, because of their very great importance to human well-being, people

have a right to have discharged, and are therefore matters of perfect obligation. A
 31

person who commits an injustice is always liable to punishment of some kind, he

argues. So he explains our sense of justice in terms of the resentment we feel towards

someone who breaches these requirements. Sidgwick, who laid greater stress than Mill

on the connection between justice and law, also underlined the relationship between

justice and gratitude, on one side, and resentment, on the other, in order to capture the

way in which our concern for justice seems to differ from our concern for utility in

general.

➢ Utilitarian theories of justice: three problems

Yet despite these efforts to reconcile justice and utility, three serious obstacles

still remain. The first concerns what we might call the currency of justice: justice has to

do with the way that tangible benefits and burdens are assigned, and not with the

happiness or unhappiness that the assignees experience. It is a matter of justice, for

example, that people should be paid the right amount for the jobs that they do, but,

special circumstances aside, it is no concern of justice that John derives more

satisfaction from his fairly-earned income than Jane does from hers. There is, so to

speak, a division of labour, under which rights, opportunities, and material benefits of

various kinds are allocated by principles of justice, while the conversion of these into

units of utility (or disutility) is the responsibility of each individual recipient.

Utilitarians will therefore find it hard to explain what from their point of view seems to
 32

be the fetishistic concern of justice over how the means to happiness are distributed,

rather than happiness itself.

The second obstacle is that utilitarianism judges outcomes by totalling up utility

levels, and has no independent concern for how that utility is distributed between

persons. So even if we set aside the currency issue, utilitarian theory seems unable to

capture justice's demand that each should receive what is due to her regardless of the

total amount of benefit this generates. Defenders of utilitarianism will argue that when

the conduct-guiding rules are being formulated, attention will be paid to distributive

questions.

The third and final difficulty stems from utilitarianism's thoroughgoing

consequentialism. Rules are assessed strictly in the light of the consequences of

adopting them, not in terms of their intrinsic properties. Of course, when agents follow

rules, they are meant to do what the rule requires rather than to calculate consequences

directly. But for a utilitarian, it is never going to be a good reason for adopting a rule

that it will give people what they deserve or what they are entitled to, when desert or

entitlement are created by events in the past, such as a person's having performed a

worthwhile action or entered an agreement.

❖ Contractarianism and Justice

The shortcomings of utilitarianism have prompted several recent philosophers to

revive the old idea of the social contract as a better way of bringing coherence to our
 33

thinking about justice. The idea here is not that people actually have entered a contract

to establish justice, or that they should proceed to do so, but that we can understand

justice better by asking the question: what principles to govern their institutions,

practices and personal behaviour would people choose to adopt if they all had to agree

on them in advance? The contract, in other words, is hypothetical; but the search for

agreement is meant to ensure that the principles chosen would, when implemented,

not lead to outcomes that people could not accept.

So in order to show how agreement could be achieved, contractarians have to

model the contracting parties in a particular way, either by limiting what they are

allowed to know about themselves or about the future, or by attributing to them certain

motivations while excluding others. Since the modelling can be done differently, we

have a family of contractarian theories of justice, three of whose most important

members are the theories of Gauthier, Rawls and Scanlon.

➢ Gauthier

Gauthier (1986) presents the social contract as a bargain between rational

individuals who can gain through cooperating with one another, but who are competing

over the division of the resulting surplus. He assumes that each is interested only in

trying to maximise his own welfare, and he also assumes that there is a

non-co-operative baseline from which the bargaining begins – so nobody would accept

a solution that left her less well off than in the baseline condition. Each person can
 34

identify the outcome under which they fare best – their maximum gain – but they have

no reason to expect others to accept that. Gauthier argues that rational bargainers will

converge on the principle of Minimax Relative Concession, which requires each to

concede the same relative proportion of their maximum possible gain relative to the

non-co-operative baseline.

➢ Rawls

John Rawls' theory of justice is the most widely-cited example of a contractarian

theory, but before outlining it, two words of caution are necessary. First, the shape of

the theory has evolved from its first incarnation in Rawls (1958) through his major work

A Theory of Justice (Rawls 1971) and on to Rawls (1993) and Rawls (2001). Second,

although Rawls has consistently claimed that the principles of justice he defends are

the principles that would be selected by people in a suitably designed 'original position'

in which they are asked to choose the social and political institutions they will live

under – this is what qualifies his theory as contractarian – it is less clear how important

a role the contract itself plays in his theory.

The problem for Rawls, however, is to show that the principles that would be

selected in such an original position are in fact recognizable as principles of justice.

One might expect the parties to calculate how to weigh the primary goods (which Rawls

catalogues as 'rights and liberties, opportunities and powers, income and wealth')
 35

against each other, and then to choose as their social principle 'maximise the weighted

sum of primary goods, averaged across all persons'.

➢ Scanlon

Scanlon (1998) does not attempt to deliver a theory of justice in the same sense

as Rawls, but his contractarian account of that part of morality that specifies 'what we

owe to each other' covers much of the same terrain (for an explicit attempt to analyse

justice in Scanlonian terms, see Barry 1995). Like Rawls, Scanlon is concerned to

develop an alternative to utilitarianism, and he does so by developing a test that any

candidate moral principle must pass: it must be such that no-one could reasonably

reject it as the basis for informed, unforced general agreement. Scanlon's contractors

are not positioned behind a veil of ignorance. They are able to see what effect adopting

any proposed principle would have on them personally. If that effect is unacceptable to

them, they are permitted to reject it. Each person has, so to speak, a veto on any

general principle for regulating conduct.

Scanlon also says that a person can have a reason for rejecting a principle if it

treats them unfairly, say by benefiting some but not others for arbitrary reasons. This

presupposes a norm of fairness that the contractarian theory does not itself attempt to

explain or justify.
 36

❖ Egalitarianism and Justice

In the recent past, many philosophers have sought to establish a close

connection between justice and equality: they ask the question 'what kind of equality

does justice require?', and to that several competing answers have been given. Justice

requires the impartial and consistent application of rules, from which it follows that

when two people are alike in all relevant respects, they must be treated equally. But, as

Aristotle among others saw, justice also involves the idea of proportional treatment,

which implies recipients getting unequal amounts of whatever good is at issue.

➢ Justice as Equality

One rather obvious case occurs when the members of the group within which the

distribution is going to occur have no relevant distinguishing features, so there are no

grounds on which some can claim greater shares of benefit than others. Suppose a

group experiences a windfall gain for which no-one can claim any credit: a pot of gold

somehow appears in their midst.

➢ Responsibility-sensitive egalitarianism

As noted above, justice as simple equality of treatment seems open to the

objection that it fails to acknowledge the agency of the recipients, who may have acted

in ways that appear to qualify them to receive more (or less) of whatever benefit is

being distributed. To answer this objection, several recent philosophers have presented

alternative versions of 'responsibility-sensitive egalitarianism' – a family of theories of

 37

justice that treat equal distribution as a starting point but allow for departures from

that baseline when these result from the responsible choices made by individuals.

These theories differ along several dimensions: the 'currency of justice' used to define

the baseline of equality, the conditions that must be fulfilled for a choice to qualify as

responsible, and which among the consequences that follow from a choice should count

when the justice of an outcome is being assessed (it may in particular appear unjust to

allow people to suffer the full consequences of bad choices that they could not

reasonably have anticipated).

➢ Relational Egalitarianism

We have seen that equality can sometimes be understood as required by justice;

but it can also be valued independently. Indeed there can be circumstances in which the

two values collide, because what justice demands is inequality of outcome. The kind of

inequality that is independently valuable is social equality, best understood as a

property of the relationships that prevail within a society: people regard and treat each

other as social equals, and the society's institutions are designed to foster and reflect

such attitudes. A society of equals contrasts with one in which people belong to

different ranks in a social hierarchy, and behave towards one another as their relative

ranking prescribes. Different reasons can be given for objecting to social inequality, and

conversely for valuing social equality (see Scanlon 2003).

 38

IMPORTANCE OF JUSTICE

Justice, then, is a central part of ethics and should be given due consideration in

our moral lives. In evaluating any moral decision, we must ask whether our actions

treat all persons equally. If not, we must determine whether the difference in treatment

is justified: are the criteria we are using relevant to the situation at hand? But justice is

not the only principle to consider in making ethical decisions. Sometimes principles of

justice may need to be overridden in favor of other kinds of moral claims such as rights

or society's welfare. Nevertheless, justice is an expression of our mutual recognition of

each other's basic dignity, and an acknowledgement that if we are to live together in an

interdependent community we must treat each other as equals.

In these circumstances, it is natural to look for an overarching framework into

which the various contextually specific conceptions of justice can all be fitted. Three

such frameworks were examined: utilitarianism, contractarianism and egalitarianism.

VI. CIVIL SOCIETY

➢ refers to a wide range of organizations, including community groups,

non-governmental organizations (NGOs), labour unions, indigenous groups,

philanthropic organizations, faith-based organizations, professional

associations, and foundations.

➢ also known as the "third sector" (after government and trade)

 39

➢ can influence the activities of elected officials and companies when it is

mobilized. But, in response to both technological advancements and more subtle

shifts inside civilizations, the nature of civil society - what it is and what it

accomplishes - is altering , according to the World Bank 2018.

`Civil society, often known as the "place where we act for the common good,"

tries to connect disadvantaged or marginalized individuals with organizations that can

gather support to assist them.

The following are some examples of civil society organizations:

❖ Churches and other faith-based ❖ Unions and other

organizations collective-bargaining groups

❖ Online groups and social media ❖ Innovators, entrepreneurs, and

communities activists

❖ Nongovernmental organizations ❖ Cooperatives and collectives

(NGOs) and other nonprofits ❖ Grassroots organizations

Civil society has guided important movements of change throughout history,

including civil rights, gender equality, and other parity movements. When individuals

from all walks of life accept a concept, civil society is at its finest. This shifts in power

structures and instills the new prevalent thinking in family, society, courts, and

corporations over time.

 40

Importance of Civil Society

Civil society is important because it advocates the public’s rights and wishes of

the people, including but not limited, to health, environment and economic rights.

They fulfill important duties of checks and balances in democracies; they are able to

influence the government and hold it accountable. Therefore, free and active civil

societies are an indicator of a healthy participatory democracy, as stated in the blog of

Heinrich Boll Stifting 2016.

Civil society can be understood as the "third sector" of society, distinct

from government and business, and including the family and the private sphere. By

other authors, civil society is used in the sense of:

❖ the aggregate of non-governmental organizations and institutions that manifest

interests and will of citizens or;

❖ individuals and organizations in a society which are independent of the

government based on Wikipedia 2021.

Societies are in constant flux. World events, struggles, and creative, technical,

and economic advancements influence them. Civil society offers a beneficial approach

to participate in this process by keeping track of new developments and collaborating

with other groups fighting for the greater good.

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Origins

The formation and spread of civil society demonstrates society's solidarity and

maneuvering against authoritarians. According to the origins of civil society, which

means public, civil society demonstrated public demands in a nonviolent and organized

manner in such a way that authoritarians' deviation from the interests of society and

country was quickly reacted by civil society. This procedure makes the government

answerable to the people and capable of persuading society to accept its decisions.

Because public interests were vital, the most important civil society movement was

development of society as stated in Bahmad. J. (2016)

Civil Society & Health

In 2019, Piroska said that non-governmental organizations (NGOs) and civil

society are valued partners of the WHO Regional Office for Europe and play a critical

role in delivering health care to refugees and migrants. He is delighted that this version

of the Migration and Health Report has been published. This is the emphasis of the

newsletter, which provides essential information on how non-governmental

organizations (NGOs) and civil society organizations (CSOs) help provide health care.

As well as being strong, it assists refugees and migrants defenders of their right to good

health. In addition to his statement, not only provide care, but also contribute to the

development of societies, the improvement of communities, and the inclusion of

refugees and migrants in service.

 42

Nefti E. et.al (2019) said that civil society is known for covering a wide range of

health services, such as outpatient consultations, immunizations, and mental health

care consultations and briefings on the situation of refugees and migrants fostering

health literacy and human rights. In 2018, for example, Médecins Sans

Frontières/Doctors Without Borders/Doctors of the World provided almost 5,000

routine consultations and almost 26,000 outpatient consultations. In Greece,

immunizations are available, as well as over 2,700 mental health services. Their work

goes beyond the city's confines, and countries dealing with massive influxes of refugees

and migrants could include assistance in nations where migration is more traditional,

aiding international students and labour migrants, for example.

Civil Society & NGOs

It is beneficial not only to provide care but also contribute to the development of

societies, the improvement of communities, and the inclusion of refugees and migrants

in service design and service delivery. Care can be provided with the assistance of

non-governmental organizations (NGOs) to be made available to a more significant

number of refugees and migrants in the United States and the European Region of the

WHO. It can also be customized to match their specific requirements in NGOs and civil

society have worked together to enhance cultural, religious, linguistic.

According to Antonio C. et al. (2019). NGOs play a critical role in campaigning

for the rights of refugees and migrants in the Region, attracting public and
 43

policymakers' attention to serious issues. During the third annual Summer School in,

for example, this year at Eşme, Turkey, a representative of a non-governmental

organization (NGO) who drew participants' attention to the fact that, in practice, access

to health-care services is hampered by significant resource limitations as well as a lack

of suitably educated cultural mediators. Through their contributions and participation,

NGOs and civil society impact are critical players in achieving the goal. Obligations like

the Global Compact for Safe, Orderly, and Regular Migration, as well as our day-to-day

work, are collaborating closely with the Migration and Refugee Unit of the WHO

Regional Office Health-related program.

The overall concept of Piroska 2019 is that governments, non-state entities, and

international organizations are all involved. Groups and non-governmental

organizations (NGOs) strive to solve the complexity. The process of putting together

these issues of the world provided us with new ideas—viewpoints on the breadth and

depth of non-governmental organization (NGO) activities. Civil society is a group of

people who endeavour to bring about social or political change from a local to a global

scale.

VII. POLITICAL OBLIGATIONS

➢ refers to the moral duty of citizens to follow the laws of their Constitution.

➢ gives the citizen an additional reason for behaving respectively.

 44

There are good, rational reasons to obey the law. The possibility of punishment,

not to mention loss of reputation and social exclusion, is sufficient for most any

citizen-owned of a pleasantly far-sighted self-interest to discharge legal duties. But law

tends to increase beyond morality, preventing otherwise morally innocent behavior and

compelling acts and imperfections that people should think of as morally changeable.

In such cases, the sole root of one's moral duty to comply with the law is one's political

obligation.

Three Camps of Contemporary Theories:

❖ Transactional accounts

➢ Transactional accounts suggest that political obligation is needed through

any morally meaningful exchange between the citizen and landsmen or

between the citizen and the nation. Citizens are required to obey the law,

either because of what they have done or because of what has been done

for them by others.

❖ Natural Duty

➢ According to natural duty theories, political obligation is restricted not in

any voluntary effort or bargain but in the value of advancing some

unbiased moral good, such as utility or justice, or in a general moral duty

owed by all persons to all others despite their transactional history or

connections.
 45

❖ Associative theories

➢ Associative accounts say that, just as being a neighbor, friend, or sibling

comes with moral duties connected, so too does mere membership in a

political community. The obligation to fulfill the law is inherent in this

relevant social role. Despite whether or not one engages that role

willingly. It is a misunderstanding of what it implies to be a member of a

political organization to think that political obligation needs any further

explanation.

Some proponents of political obligation rely on a single theory, while others

support a "diverse" account that combines insights and arguments from two or more

ideas. Simmons 1979 remains the definitive full-length treatment of political

obligation. Horton 1992 and Knowles 2010 critically examine all of the theories and

build on Simmons's work.

MAIN FEATURES OF POLITICAL OBLIGATION

Political obligation binds a person to the execution of duties as mentioned in the

Constitution. A person has to follow the rules and regulations in society for his benefit

and the society's progress. When the nation is liable towards the citizen, the citizen

must also interchange with the administration. The proper functioning of society

depends upon the proper functioning of the systems of the administration.

 46

The word 'political' actually deals with policy and the administration. The

structure of the political system shutter, And then the limitations of the power are

classified.

T.H. Green states political obligation as to combine the duty of the subject

towards the sovereign. The responsibility of the citizen toward the nation and the

obligation of the person to each other as enforced by the political superior.

Political Obligation and Political Authority

When the nation has political authority, it has the right to compel the

non-compliers. For example, if anything is within the power to levy the taxes, then the

nation has all the rights to enforce the non-compliers to pay the taxes. However, even if

it does not require its power, still it is the moral duty of the citizens to comply with the

laws. Therefore, every human being is subject to political obligation owing to the

omnipresence of the new nation-state.

A person's political obligation has a certain connection to the citizenship of the

nation. A foreigner will not have political rights but will have legal obligations and

safeguard. The State can enforce laws and expect minimum burden. It means that the

people cannot be selective about the rules but have to obey the laws. There are basic

services of the citizens which have to be obliged without being selective, like voting.

Political obligations have grown force only after the sixteenth century. Earlier,

the people thought of political obligation as the will of God. But, modern political
 47

theory varies in its explanation. This theory says that no person is forced to do a job but

they willingly assume their duties as their valid responsibilities. The State is rendering

the people with physical safety and assurance. People are aware that obtaining justice

or maximizing happiness cannot change without political authority. When these are

provided by the state, naturally the people are liable for political responsibility.

Features of Political Obligation

❖ There predominates a source of political spirit and social service

❖ Honesty and integrity are vital aspects when it comes to the execution of public

duty.

❖ There must predominate political legitimacy and effectiveness

❖ The citizens also have the accountability of guarding their guardians

Types of Political Obligations

❖ Moral Obligation

➢ They do not legally bind the community and the people, and if a person

does not act within the moral obligations, the person can't be punished.

However, this is the ethics and policy innate in a person.

❖ Legal Obligation

➢ A nation is a welfare state where the government focuses on providing its

citizens with infrastructural amenities. Roads, health centers, hospitals,

education, etc are a few of the examples of concern.

 48

❖ Positive Obligation

➢ There are certain rules made by the state which can't be disobeyed, and

hence they are considered as a positive obligation. Paying tax and serving

the argument are some of the examples under positive obligation.

❖ Negative Obligation

➢ This is the direct opposite of positive obligation. When a person is not

permitted to do what the administration prevents him from doing so.

Citizen’s obligations to the state

❖ Cast votes through the election ❖ To enter the Public Service.

time. ❖ To serve the army during crisis

❖ Educating your sibling(s). times.

❖ Payment of taxes to the state.

The Constitution and Important Obligations

The Constitution is admitted as a rule book of the nation, and it assumes the

citizens to adhere to the regulation. If the Constitution has to work favorably, then

people's participation is also a must. There is an idea called the steam roller legislature.

In case the law does not serve right, then it has to be changed. There are scenarios

where laws are framed by the administration. That would be harmful, and yet they get

assistance, which is called the Steam roller legislature. The citizens have to endure such

laws too. Therefore, the concept of political obligation not only notifies people to obey
 49

the rules and regulations of the authority of power but also tells them to resist if the

laws are not ideal for society.

Theories of Political Obligation

❖ The Divine theory

➢ In the olden days, people believed that God created the nations and the

king was his delegate. But this theory could be popular only throughout

the ancient and middle ages but not through the modern era.

❖ The Consent Theory

➢ This theory suggests that the authority of the nation depends on the

people's approval. Hobbes, Locke, and Rousseau explained this theory

because the administration of power depends on the people's consent. But

later, rejected because it treated the nation as an artificial organization.

❖ The Prescriptive Theory

➢ This theory says that respect for political authority depends on the

principle of customary rights. It is a fact that political organizations are

related to the past. This idea has been approved by Edmund Burke. But

over a while, it lost its influence due to its over-emphasis on respect for

the well-established methods.

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❖ The Idealistic Theory

➢ This theory views man and the state as two entities. "Man" is regarded as

a political and rational creature, "state" is considered a self-sufficient

society. This idealistic thesis asserts that once a person receives his rights

from the state, he cannot have any incompatible rights with the state.

However, this hypothesis was exceedingly intricate and impossible for

man to grasp.

❖ The Marxian Theory

➢ The Marxian theory is different from the other theories and is divided into

three stages:

○ Pre-revolutionary stage - This stage defines political non-obligation

○ Revolutionary stage - It is an inevitable change from a political non-

obligation stage to a stage of complete political obligation.

○ The post-revolutionary stage - This stage marks the end of political

commitment and the beginning of social growth.

Moreover, according to Marx's political theory, the state is a tool of power in the

hands of the people. And the revolution's achievement in bringing the socialist order

together. It may result in the state 'withering away.' However, because it made man

subject to the state, this idea was prejudiced.

 51

Individual Reasons to Obey the Law

❖ Fear of Punishment

➢ Humans have different emotions, and fear is the common one. Fear is

constantly present, along with the line that a person does not carry out

their responsibilities adequately. People fulfill their duties in the same

way, fearing penalty. In other words, a man is forced to submit to the

system of regulations by the nation's coercive authority.

❖ Patriotism

➢ The love for one’s nation and standing during the National Anthem is

because of nationality. Loyalty and having a sense of responsibility are

obligations of a citizen within society. Because of nationality, people love

their country and stand for the National Anthem. It is also a responsibility

to keep the environment and the streets and highways clean. As a result, a

portion of the country is becoming more aware of the state in which they

live as civilized humans. The members form a bond with the government.

❖ Fear of Disorder and Anarchy

➢ It is always a universal truth that human beings desire peace and order.

They not only follow the laws, but they also keep an eye on those who do

not.
 52

❖ Habits and Traditions:

➢ Even citizens want to develop a positive attitude and a habit of allegiance

to the state.

As a result, citizens can comprehend that political commitments are required to

sustain good practice across the country. Therefore, for a positive exchange from the

nation, everyone must follow the rules.

VIII. LAW

➢ A system of rules created and enforced by social or state agencies to regulate

behavior. Its exact definition has long been debated.

➢ In other words, as the science and art of justice, state law may be enacted by

group or individual legislatures, which leads to law. By decree and ordinance

administration, or usually in common law jurisdiction, set by judicial precedents.

➢ Provides information sources for scientific research on legal history, philosophy,

economic analysis, and sociology.

➢ Raise important and complex issues related to equality, fairness, and justice.

The creation of the law itself may be affected by the written or implied

constitution and its rights. Law shapes politics, economy, history, and society in many

ways and acts as an intermediary for relationships between people.

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❖ The legal system varies from country to country, and the differences are

analyzed by legal comparison. In civil jurisdictions, the legislature or other

central body codifies and integrates the law.

❖ Under the common law system, judges create binding case law by setting

precedents, which may be overturned by the High Court or the legislature.

❖ Historically, religious law has influenced secular affairs and is still used by some

religious communities.

❖ The Shariah law, which is based on Islamic principles, is used as the main legal

system in some countries, including Iran and Saudi Arabia. The scope of the

method can be divided into the following two areas.

❖ Public law is related to the state and society, including the constitution,

administrative law, and criminal law.

❖ Private law deals with proceedings between individuals and / or organizations in

areas such as contracts, property, torts, and commercial law.

This distinction is even more pronounced in countries with civil law, especially

in countries with a separate system of administrative courts. In contrast, civil law gaps

are less pronounced in common law jurisdictions.

Philosophy of Law

Philosophy of law is commonly referred to as jurisprudence. Normative

jurisprudence asks, "what is law" and analytical jurisprudence asks, "what is law". There
 54

have been several attempts to create a "generally accepted definition of law". One

definition is that law is a system of rules and guidelines enforced by social systems to

regulate behavior.

❖ In 1972, Baron Humpstead suggested that such a definition was not possible.

McCubley and White asked the question, "What is the law?" There is no easy

answer.

❖ Glanville Williams stated that the meaning of the word "law" depends on the

context in which it is used. For example, "early common law" and "community

law" are contexts in which the word "law" has two different and incompatible

meanings.

❖ Thurman Arnold also stated that it is impossible to define the word "law" and

that the struggle to define that word should never be abandoned. It is possible to

argue that it is not necessary to define the term "law".

❖ In the concept of law, Hart argued that law was a "system of rules."

❖ Austin stated that the law is "a sovereign order backed by the threat of

sanctions."

❖ Dworkin, in his text entitled "The Empire of Law," describes law as an

"interpretive concept" for achieving justice.] And

❖ Raz claims that law is an "authority" that conveys the interests of people.
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❖ Holmes said, "The prophecies of what the court actually does, and more

unexpected things, are what I mean by law." In his dissertation on Aquinas's law,

Aquinas argues that law is a rational order of things, influencing the public

interest and proclaimed by the person responsible for caring for the community.

This definition has both positivist and naturalistic elements.

HISTORY

The history of law is closely related to the development of civilization. Ancient

Egyptian law that lasted until 3000 BC. By the 22nd century BC, Ur-Nammu of the

ancient Sumerian King List had developed the first code of suspicious statements.

Around 1760 BC King Hammurabi further developed Babylonian law by codifying it and

carving it into stone. Hammurabi placed several copies of his code as a stone

monument throughout the Kingdom of Babylon so that the public could see it. It

became known as Codex Hammurabi. The most intact copies of these steles were

discovered by British Assyriologists in the 19th century and have since been fully

transcribed and translated into several languages, including English, Italian, German

and French.

East Asian legal traditions reflect a unique blend of secular and religious

influences. Japan was the first country to begin modernizing the legal system based on

Western models by importing parts of France, especially the German Civil Code. This

partially reflects Germany's position as an emerging country in the late 19th century.
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Similarly, during the last few years of the Qing dynasty, traditional Chinese law was

replaced by westernization, primarily in the form of six private codes based on the

German model of Japanese law. Today, Taiwanese law is most closely related to the

codification of that era, as it separates the Kuomintang Chiang Kai-shek, who fled

there, and the Communists of Mao Zedong, who ruled the mainland in 1949. The

current legal infrastructure of the People's Republic of China is strongly influenced by

Soviet socialist law, which essentially inflates administrative law at the expense of

private law.

With rapid industrialization, China is currently in the process of reform, at least

to the extent of its economics, if not social and political rights. The new Vienna

Convention on the Law of 1999 marks a break from administrative superiority. In

addition, after 15 years of negotiations, China joined the World Trade Organization

(WTO) in 2001.

Legal Systems

In general, legal systems can be split between civil law and common law systems.

Modern scholars argue that the significance of this distinction has progressively

declined; the numerous legal transplants, typical of modern law, result in the sharing

by modern legal systems of many features traditionally considered typical of either

common law or civil law.

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The third type of legal system—accepted by some countries without separation

of church and state—is religious law, based on scriptures. The specific system that a

country is ruled by is often determined by its history, connections with other countries,

or its adherence to international standards. The sources that jurisdictions adopt as

authoritatively binding are the defining features of any legal system. Yet classification

is a matter of form rather than substance since similar rules often prevail.

CIVlL LAW

➢ The civil law system originating from the European continent should not be

confused with "civil law" in the sense of a common law issue separate from

criminal law and public law.

➢ The legal system used in most countries around the world today.

➢ The main sources of information accepted are the law, especially the codification

and practice of constitutional or government-enacted legislation.

The codification of civil law, which was closely based on Roman law and spread

throughout Europe, influenced by Canon law and other religious laws, until

enlightenment. Then, in the 19th century, France modernized the legal system with

civil law, and Germany modernized the legal system with civil law. Both codes have a

great influence not only on the legal system of continental European countries (such as

Greece), but also on the legal traditions of Japan and South Korea. Today, the countries
 58

that have introduced the civil judiciary system range from Russia and Turkey to most

countries in Latin America.

ANARCHIST LAW

➢ deals with how anarchism is implemented upon a society, the framework based

on decentralized organizations and mutual aid, with representation through a

form of direct democracy.

Anarchism has been practiced in society in much of the world. Mass anarchist

communities, ranging from Syria to the United States, exist and vary from hundreds to

millions. Anarchism encompasses a broad range of social political philosophies with

different tendencies and implementation. Laws being based upon their need. Most of

the anarchist idealism, such as anarcho-syndicalism and anarcho-communism, focuses

primarily on decentralized trade unions, co-operatives, and syndicates as the primary

means of society.

SOCIALIST LAW

➢ The legal system of communist countries such as the former Soviet Union and

the People's Republic of China.

Scientific views are divided as to whether the system is separated from civil law

due to major deviations based on Marxist-Leninist idealism, such as the judiciary being

subordinate to the ruling party.

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COMMON LAW

In the common law legal system, court decisions are clearly recognized as

"correct" in the same position as the laws and regulations of the executive branch

enacted in the legislative process. "Case law" or "starting decision" (Latin for

"supporting a decision") means that a decision by the High Court binds future decisions

of the same court as the inferior court, and similar cases lead to similar results. It

means to guarantee.

`In contrast, in the "civil law" system, the legislation is usually more detailed, as

judges or lawyers do not present the arguments that guide future courts, but only write

to determine individual cases. And the court's decision is shorter and less detailed.

Common law began in the United Kingdom and was inherited by almost every country

that was once associated with the British Empire (except for Malta, Scotland, Louisiana

in the United States, and Quebec in Canada). The concept of “common law" developed

during the reign of Henry II in the second half of the 12th century.

RELIGIOUS LAW

➢ explicitly based on religious precepts.

➢ Examples include the Jewish Halakha and Islamic Sharia—both of which

translate as the "path to follow"—while Christian canon law also survives in some

church communities.
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The importance of religion to law is often unchanged, as the Word of God cannot

be changed or legally denied by judges or governments. However, a thorough and

detailed legal system generally requires human refinement. Halakha is a Jewish code

that summarizes several interpretations of the Talmud. However, Israeli law allows

litigants to apply religious law only if they choose.

CANON LAW

➢ from Greek kanon, a `immediately measuring rod, ruler' is a fixed of ordinances

and rules made through ecclesiastical authority (Church leadership), for the

authorities of a Christian organization or church and its contributors.

➢ the inner ecclesiastical regulation governing the Catholic Church (each the Latin

Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental

Orthodox church buildings, and the man or woman country wide church

buildings withinside the Anglican Communion.

➢ simplest in use through contributors of the Catholic Church, the Eastern

Orthodox Church and the Anglican Communion.

The Catholic Church has the oldest constantly functioning criminal gadget

withinside the western world, predating the evolution of current European civil

regulation and not unusual place regulation systems. The 1983 Code of Canon Law

governs the Latin Church sui juris. The Eastern Catholic Churches, which advanced

distinctive disciplines and practices, are ruled through the Code of Canons of the
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Eastern Churches. The canon regulation of the Catholic Church motivated the not

unusual place regulation at some stage in the medieval length via its maintenance of

Roman regulation doctrine consisting of the presumption of innocence.

SHARIA LAW

By the 18th century, Shariah was practiced in an uncodified constitution

throughout the Islamic world, and the Ottoman Mecelle Code was the first attempt to

codify elements of Shariah law in the 19th century. Since the mid-1940s, attempts have

been made in various countries to better adapt the Shari'a law to modern situations and

ideas.

In modern times, the legal system of many Islamic countries is based on civil law

and civil law traditions, as well as Islamic law and customs. The constitutions of some

Islamic states, such as Egypt and Afghanistan, recognize Islam as the state religion, and

the legislature requires compliance with Shariah law. Saudi Arabia recognizes the Koran

as a constitution and is governed by Islamic law. Iran has seen the repetition of Islamic

law in the legal system since 1979. Over the past few decades, one of the fundamental

characteristics of the Islamic revival movement has been to seek the restoration of

Sharia law, which has produced a large amount of literature and influenced world

politics.
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BRANCHES OF LAW

Judiciary

➢ a few judges mediating disputes to determine outcome.

➢ theoretically bound by the constitution, just as all other government bodies are.

Most countries have an appeals court with the Supreme Court as the supreme

judicial authority. In the United States, the agency is the Supreme Court. High Court in

Australia. Supreme Court in the UK. In Germany, the Federal Constitutional Court. And

in France, the Court of Cassation. In most European countries, the European Court of

Justice in Luxembourg can revoke domestic law if EU law is relevant. The European

Court of Human Rights in Strasbourg allows citizens of the members of the Council of

Europe to file proceedings on human rights issues.

In most countries, judges are only allowed to interpret the Constitution and all

other laws. But in a common law country where there are no constitutional issues, the

judiciary can create a law even after precedent. Britain, Finland, and New Zealand

maintain the ideal of parliamentary sovereignty, according to which an unelected

judiciary should not invalidate the laws of democratic legislatures.

In a communist country like China, courts are often considered part of the

executive branch or subordinates of the legislature. State agencies and stakeholders

have different ways to influence the judiciary. In Islamic countries, courts frequently

check whether state law complies with Shariah law. The Egyptian Supreme
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Constitutional Court can declare such a law invalid. In Iran, the Guardian Council

confirms that the law complies with "Islamic standards".

Legislature

➢ A parliament that has the authority to legislate for political bodies such as

countries and cities.

➢ Prominent examples of legislative bodies are the Capitol in London, the

Parliament in Washington, D.C., the Parliament in Berlin, Duma in Moscow, the

Italian Parliament in Rome, and the National Assembly in Paris.

According to typical government principles, people choose politicians to fulfill

their wishes. Countries such as Israel, Greece, Sweden, and China have a unicameral

system, but most countries have a bicameral system. That is, there are two separately

appointed legislatures.

One point of criticism of the two-chamber system with two elected chambers is

that the upper and lower houses can be simply mirrored. The traditional justification

for bicameralism is that the upper room acts as a review house. In this way,

arbitrariness and injustice in government behavior can be minimized.

To pass the law, the majority of the members of the legislative body of each

house must vote on the bill. There are usually some readings and changes proposed by

different political parties. This process is usually led by a government that can be

formed from MPs (such as the UK or Germany). However, in the presidential system, the
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government is usually formed by the executive government and its appointed cabinet

bureaucrats (such as the United States and Brazil).

Executive

➢ Serve as the center of national political authority.

➢ Known as the Cabinet, it is made up of members of the parliamentary

legislature.

➢ Under the leadership of the head of government, whose position has power

under the trust of the legislature.

The head of state is separate from the executive branch, symbolically passes the

law and acts on behalf of the nation. Examples include the President of the United

States (appointed by federal and state parliamentarians), the Queen of the United

Kingdom (Genetics Bureau), and the President of Austria (elected by a general vote).

Another important model is the presidential system found in the United States and

Brazil. In the presidential system, the executive branch serves as both the head of state

and the government and has the authority to appoint an unelected cabinet. In the

presidential system, the administration is separated from the legislature and the

legislature is not responsible.

The role of government varies from country to country, but it usually proposes

most legal and government agendas. In the presidential system, the administration

often has the right to reject the law. Most executives in both systems are responsible for
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foreign relations, the military and police, and the bureaucracy. Ministers or other

officials head a country's public offices, such as a foreign ministry or defense ministry.

Legal Profession

To maintain expertise, the enforcement of law is usually overseen by either the

government or an independent regulatory body such as a bar association, bar

association, or bar association. Modern lawyers acquire a unique professional identity

through defined legal procedures (such as passing an aptitude test) and prove special

qualifications (a Bachelor of Law, a Bachelor of Civil Law, or a legal training as a Doctor

of Law). Is legally required. degree.

Areas of Law

All legal systems deal with the same basic issues, but jurisdictions categorize and

identify their legal topics in different ways. A common distinction is that between

"public law" (a term related closely to the state, and including constitutional,

administrative, and criminal law), and "private law" (which covers contract, tort, and

property). In civil law systems, contract and tort fall under a general law of obligations,

while trusts law is dealt with under statutory regimes or international conventions.

International, constitutional, and administrative law, criminal law, contract, tort,

property law and trusts are regarded as the "traditional core subjects", although there

are many further disciplines:

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❖ International Law

➢ refer to three things: public international law, private international law or

conflict of laws and the law of supranational organizations.

❖ Public International Law

➢ Regarding the relationship between sovereign states. The source of the

development of international law is the customs, customs, and treaties

between sovereign states such as the Geneva Convention.

➢ It was established by international organizations such as the United

Nations, the International Labor Organization, the World Trade

Organization, and the International Monetary Fund.

➢ The main way to enforce international law remains essentially "self-help."

This is the state's reaction to allegations of breach of international

obligations by other states.

❖ Clash of Laws

➢ Private international law in civil law countries

➢ Disputes between individuals are negotiated and relate to the jurisdiction

to which the law applies.

❖ Supranational Law

➢ An internationally recognized legal system other than the United Nations

and the World Trade Organization.

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➢ EU law is the first and only example so far in light of the progress of global

economic integration; many regional agreements, especially the African

Union, follow a similar model. In the EU, sovereign states are gathering

power in the court system and the European Parliament.

❖ Constitution and Administrative Law

➢ Regulate national affairs.

➢ Relationships between administrative, legislative, and judicial

departments, as well as individual human rights or civil liberties to the

state.

➢ The "Constitution" is a law that forms a national institution from law, case

law, and customary law.

Administrative law is the most important way for people to hold government

agencies accountable. Most jurisdictions, such as the United States and France, have a

single codified constitution with a catalog of basic rights. Some people, like the UK, do

not have such a document.

The basic constitutional principles inspired by John Locke say that individuals

can do anything that is not prohibited by law, and that states can only do what is legally

permitted. Individuals may sue government agencies, local governments, civil servants,

or government departments for judicial review of actions or decisions to ensure that

they comply with the law and follow appropriate procedures. The first specialized
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administrative court was the State Council, founded in 1799, when Napoleon came to

power in France.

❖ Criminal Law

➢ Also known as the Penal Code

➢ Related to crime and punishment.

➢ Penalties for crimes that have a sufficient negative impact on society but

do not make moral judgments about criminals or impose restrictions on

societies that physically prevent people from committing crimes.

➢ Criminal offenses under the Penal Code are crimes against the community

as well as crimes against individual victims.

The state, usually with the help of police, takes the lead in prosecution, which is

why in common law countries. Modern criminal law has been affected considerably by

the social sciences, especially with respect to sentencing, legal research, legislation,

and rehabilitation. On the international field, 111 countries are members of the

International Criminal Court, which was established to try people for crimes against

humanity.

❖ Contract Law

➢ It's about an enforceable promise and can be summarized in the Latin

pacta sunt servanda (the agreement must be maintained).

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The common law legal system requires three key elements to draft a contract. It

is the intention to establish an offer and acceptance, consideration, and legal

relationship. Similarly, by accepting the "serious inconvenience" of using defective

products, the proposal was carefully considered.

In the civil jurisdiction, the treatment of contracts differs in several respects,

with states playing a more intrusive role in both drafting and enforcement of contracts.

Compared to common law jurisdictions, the civil law system contains more mandatory

provisions in the contract, gives the courtroom to interpret and revise the contractual

provisions, and has a sincere obligation, but contractual penalties. Performance that

also increases the likelihood of enforcing clauses and specific contracts. It also doesn't

require anything in return for the contract to be binding.

Offenses and Offenses Certain civil injustices are grouped under the common

law system as tort and under the civil law system as crime. You must have violated your

obligations to others or your existing legal claims for doing something illegal.

Responsibility for negligence is undoubtedly based on the public sense of moral

misconduct that the perpetrator must pay. You must take reasonable care to avoid any

act or omission that you reasonably foresee will hurt your neighbor.

Crimes may also include intentional acts such as physical harm, physical harm,

or trespassing. A well-known tort is defamation. This happens, for example, when

newspapers make unacceptable claims that damage the reputation of politicians. More
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notably, in some countries economic crime is the basis of work and unions are liable for

strikes if the law does not provide for immunity.

❖ Property Law

➢ governs ownership and possession.

❖ Real Property

➢ sometimes called 'real estate', refers to ownership of land and things

attached to it.

❖ Personal Property

➢ refers to everything else; movable objects, such as computers, cars,

jewelry, or intangible rights, such as stocks and shares.

➢ a right to a specific piece of property, contrasting to a right in persona

which allows compensation for a loss, but not a particular thing back.

❖ Land Law

➢ It forms the basis of most types of property rights and is the most

complex. These are mortgages, rental contracts, licenses, contracts,

easements, and legal land registration systems.

In contrast, the classical civil law approach to Friedrich Carl von Savigny's

property is that it is a right to the world. Obligations such as contracts and torts are

understood as interpersonal rights. Property ideas raise many other philosophical and
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political issues. Locke argued that our "life, freedom, possession" is our property.

Because we own our bodies and mix our work with our surroundings.

❖ Equity and Trusts

➢ Equity is a set of rules that originated in the United Kingdom apart from

the "common law". Justice worked through principles rather than strict

rules.

➢ The trustee manages the assets, and the beneficial or fair ownership of

the trust assets is retained by a person called the beneficiary. The trustee

is obliged to carefully manage the entrusted assets to the beneficiaries.

Common law or civil law systems allow people to separate property from

property management, and impartiality makes this possible through an arrangement

called a trust. Strict obligations to fiduciaries have been incorporated into the

Companies Act and applied to directors and executive directors.

Another example of a fiduciary duty is to invest or sell assets wisely. This is

especially true for pension funds. Pension funds are the most important form of trust in

which an investor acts as a trustee of people's savings until retirement. However, you

can also set up a foundation for charitable purposes. Well-known examples are the

British Museum and the Rockefeller Foundation.

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Law and Society

❖ Labor Law

➢ Survey of tripartite cooperation between employees, employers and trade

unions. These include collective bargaining agreements and the right to

strike. Individual labor laws relate to workplace rights such as

employment security, health and safety, or the minimum wage.

❖ Human Rights / Civil Rights / Human Rights Law

➢ are important fields to guarantee everyone basic freedoms and

entitlements.

➢ These are stipulated in norms such as the Universal Declaration of Human

Rights, the European Convention on Human Rights (establishing the

European Court of Human Rights), and the US Bill of Rights. The Treaty of

Lisbon makes the Charter of Fundamental Rights of the European Union

legally binding in all member states except Poland and the United

Kingdom.

➢ Civil and criminal proceedings relate to the rules that courts must comply

with in judicial and appeal proceedings. Both relate to citizens' right to a

fair trial or hearing.

❖ Evidence Law

➢ involves which materials are admissible in courts for a case to be built.

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❖ Immigration Law & Nationality Law

➢ It relates to the right of a foreigner to live and work in a foreign

nation-state and to acquire or lose citizenship. Both relate to the issue of

asylum rights and statelessness.

❖ Social Security Law

➢ refers to the rights people have to social insurance, such as job seekers'

allowances or housing benefits.

❖ Family Law

➢ covers marriage and divorce proceedings, the rights of children and rights

to property and money in the event of separation.

❖ Transactional Law

➢ the practice of law concerning business and money.

❖ Law and Commerce

➢ Covers complex contract and property laws. Commercial agents,

insurance, bills of exchange, bankruptcy law, bankruptcy law, sales law are

important.

➢ The Company’s Act was born out of the fiduciary security law, which is

based on the principle of separation of ownership and control. Modern

Social Law began in 1856 with the British Corporation Law.

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➢ This allows investors a simple registration process to acquire limited

liability under the company's separate legal personality. The British

Merchandise Sales Act of 1979 and the Uniform Commercial Code of the

United States are examples of codified common law trade principles.

❖ Admiralty Law & Sea Law

➢ Create a basic framework for free trade and trade in the world's oceans

and in the oceans outside the controlled areas of the country. Shipping

companies operate on the usual principles of commercial law that are

generalized for the global market.

➢ The maritime law also includes special issues such as rescue, maritime

lien, and passenger injuries.

❖ Intellectual Property Law

➢ It is intended to protect the authors and other manufacturers of

intellectual goods and services. These are legal rights (copyrights,

trademarks, patents, and related rights) that arise from intellectual

activity in the fields of commerce, literature, and the arts.

➢ Compensation is not compensating for your loss but regaining the

interests of others. Unjust Enrichment If someone is unjustly enriched at

the expense of someone else (or if there is no "ground" for the

transaction), the event creates the right to a refund to cancel the profit.
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❖ Space Law

➢ A relatively new field dealing with aspects of international law related to

human activity in orbit and in space. Initially, space relations in each

country were dealt with through treaties, but more and more areas such

as space commercialization, property, and responsibility are being dealt

with.

Law and Regulation

❖ Tax Law

➢ involves regulations that concern value added tax, corporate tax, and

income tax.

❖ Banking Law

➢ Financial regulations set minimum standards for the amount of capital a

bank must hold and rules for best investment practices. This is to protect

against the risk of an economic crisis such as the Wall Street Crash of

1929.

❖ Regulation

➢ They handle the provision of public services and utilities. The water

method is one example. Since privatization has become widespread and

public law has abolished the control of services, private companies that
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carry out missions previously controlled by the government have been

subject to varying degrees of social responsibility.

Energy, gas, telecommunications, and water are regulated industries in most

OECD countries.

❖ Competition Law

➢ Known as antitrust law in the United States

➢ A developing area returning to Roman legislation that opposes the

principles of price fixing and UK trade restrictions. Modern competition

law is derived from US antitrust and antitrust laws (Sherman and Clayton)

at the turn of the century.

➢ Used to manage companies that are trying to use their economic influence

to distort market prices and undermine the well-being of consumers.

❖ Consumer Law

➢ include anything from regulations on unfair contractual terms and clauses

to directives on airline baggage insurance.

❖ Environmental Law

➢ It is becoming more and more important, especially with respect to the

Kyoto Protocol and the potential threat of climate change. Environmental

protection also helps punish polluters within the national legal system.
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❖ Aviation Law

➢ Covers all regulations and technical standards that apply to the safe

operation of aircraft and is an important part of both pilot training and

pilot operations. Failure to comply with aviation regulations and

standards will make flight operations illegal.

➢ Based on the National Civil Aviation Law (or multiple laws), which is

primarily based on the recommendations or binding standards of the

International Civil Aviation Organization or ICAO.

Regulations are often abbreviated as CARS and standards are abbreviated as

CATS. They are constantly evolving to adapt to new technologies and sciences (for

example, in medical protocols that pilots must comply with to be airworthiness or

licensed).

IX. LEGITIMACY

➢ It is a popular acceptance of a government, political regime, or system of

governance. It can be interpreted in either a normative way or a “positive” way,

according to Joachim Blatter and Andy Smith (n.d) from the website

Britannica.com.

➢ In another perspective, legitimacy is the right and acceptance of an authority,

usually a governing law or a regime, as stated by the website Wikipedia.

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➢ Legitimacy can also be a virtue of political institutions and of the

decisions—about laws, policies, and candidates for political office—made within

them, according to Fabienne Peter (2010) from the Stanford Encyclopedia of

Philosophy.

Importance

Legitimacy is essential for the success of evolution in legitimate governance.

Legitimacy itself is public approval and recognition of moral rights leaders to govern,

create and execute political decisions (Narifah, 2015, p. 1). With legitimacy, power will

be practiced through the volition of the other party or through what is called a

quasi-voluntary compliance, which is driven by the willingness to obey but it is

vindicated by intimidation, especially coercion that guarantees that the other side will

be following the law. . However, if legitimacy is absent, power will be exercised using

the means of intimidation. Attaining legitimacy is a requirement that is not limited to

liberal democratic regimes. It is deemed a fundamental condition of the rule because

governing administrations without at least a minimal substance of legitimacy will have

no progress or collapse. This is why each regime seeks to prove its reign, and this

justification can be based on several concepts (Blatter, 2018). The importance of

legitimacy is indeed undeniable and a crucial aspect in leading a state. A state will be

unstable if the minimum legitimacy is not met, therefore creating legitimacy as a

necessary aspect in government and politics.

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Types of Legitimacy

A typology of the forms of legitimacy devised by Max Weber, in the context of

modernization, with legitimacy as one of the most crucial characteristics of reference.

He distinguished traditional, charismatic, and legal-rational forms of legitimacy. He

analyzed a historic shift from traditional to legal-rational, wherein legitimacy is

established on the revolutionary leader's charisma that initiated a transitory

phenomenon.

❖ Traditional

➢ The most primary form of legitimacy is traditional legitimacy. This states

that of following a person or something only since it is what was

constantly done for a long period of time.

➢ It is usually noticeable in societies with constrained political rights. This

is the ultimate 'because I said so' type of legitimacy.

➢ It is rooted in ideas, sentiments, and the practices of a society. This is

favored by many people because of two basic reasons: the heritage of past

generations and the religiousness of the societies.

❖ Charismatic

➢ Comes from one individual just convincing others of the worthiness of his

or her power. The greatest examples of charismatic legitimacy come from

the cults of personality that had been so prominent in European politics

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during the 20th century. Hitler could not have been able to meet his goal

without his huge popularity. Still, many other authorities depend on

charismatic legitimacy.

➢ This can be seductive to society but, ultimately, it is effective if the

individual with charisma is especially able. Ataturk, the founder of the

present-day Turkish state, was able to utilize his charisma as a resource

for establishing present-day Turkey. However, he resorted to great lengths

to obtain it.

➢ Comes from people and the characteristics that they have to offer. Certain

people are persuasive to others with their particular traits which aid them

in gathering supporters. It is based on one's charismatic talent and

influence.

❖ Legal-Rational

➢ is regarded as coming from a legal order and the legal policies which have

been legislated.

➢ is formed from the dependence on society's policies and laws and is the

premise of modern democracies. This has the faith to leave the right of

authorities to set out the choices and set the policy.

➢ needs a logical and systematic technique to leadership

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Weber’s description of the modern type of legitimacy is as legal-rational

attributes to a frontage among modern concepts of legitimacy that is prominent in the

German-speaking world. A constitutionalist view of legitimacy gives focus on standard

techniques used to cultivate the resolve of the individuals and on normative

regulations and judiciary powers of governing pluralities to guarantee fair treatment

and personal liberty.

Descriptive Concept of Legitimacy

In the Anglo-Saxon world, concepts of democratic legitimacy concentrate more

on the factors of popular participation and governance responsibility connected by

unrestricted and equitable elections conjoined with a procedure of political inspections

and proportions. Another line of consideration about democratic legitimacy has a

distinct, better collectivist interpretation of the resolve of the different individuals. The

regulations and the chances to partake are not so much of a basis whereas the affective

allegiance for the society and the administrative representations are the grounds for

democratic legitimacy. As a result, patriotism and civic nationalism certify the

commitment to the method of government.

Legitimacy directs to the different individuals' opinions about political power

and, occasionally, political duties if this is analyzed descriptively. In the sociology of

Max Weber, he set ahead an effective understanding of legitimacy without any resort to

normative standards. As stated by Weber, a political regime is legitimate standards that

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its citizens have certain beliefs or trust, Legitimitätsglaube, regarding it: “the basis of

every system of authority, and correspondingly of every kind of willingness to obey, is a

belief, a belief under which persons exercising authority are lent prestige” (Weber

1964). Weber differentiates legitimacy among three primary bases—comprehended it as

the approval of both authorities and of the requirement to follow its

orders(legal-rational). Individuals may bear trust in a certain political or social directive

because it has remained for a long duration (tradition). These individuals held trust in

the leaders(charisma), or because they entrust its legitimacy—particularly the

rationality of the practice of law (Weber 1990 [1918]). Weber specifies legitimacy as a

crucial descriptive classification for social science because trust in a specific social

ranking builds social commonnesses which are more durable than those that result

from the plan of self-interest or traditional rule-following (Weber 1964: 124).

Normative Concept of Legitimacy

Opposite to Weber’s descriptive idea, the normative conception of political

legitimacy leads to some measure of acceptability or rationale of political control or

power and possibly responsibility. On one idea, owned by John Rawls (1993) and

Ripstein (2004), legitimacy means, within the foremost sample, to the justification of

dictatorial political authority. Even if a political body like a country is legitimate and if

people carry political responsibilities regarding it; this will rely on the opinion of how

repressive authority is, so that the state will need to do justified exercise.
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From a different perspective, legitimacy is connected to the reason for political

power. In this view, political bodies similar to states could also be practical for de facto

leaders, without having to be legitimate. They argue that the right to govern and start

duties, to be followed, is to be fulfilled with adequate concession, then it is

authoritative. Legitimate authority, on a normative, differs from simply efficacious or

de facto control therein bears the privilege to govern and makes political

responsibilities (Raz 1986).

But in some statements, authority with legitimacy is not enough to produce

political duties (Dworkin 1986: 191). According to another perspective of this

legitimacy, some have debated that a legitimate political authority exclusively provides

advancement in political responsibilities if further normative requirements are met(e.g.

Wellman 1996; Edmundson 1998; Buchanan 2002).

In the literature, there is occasionally a tendency to correlate the normative idea

of legitimacy with righteousness and justice. Some prominent persons even openly

describe legitimacy as a measure of the slightest justice (e.g. Hampton 1998; Buchanan

2002). However, there are occasional tendencies to confuse the dissimilarity between

the two ideas, and much perplexity emerges because of it. The increasing writings on

rationalist political ideas reproach this disposition to confuse the difference between

legitimacy and justice (e.g. Rossi and Sleat 2015), interpreting it as an indication of
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misplaced “political moralism” (Williams 2005). But Rawls (1993, 1995) made a clear

distinction between the two conceptions.

In the perspective of Rawls, legitimacy, and justice are interlinked together, and

both have the exact sets of political significance which control distinct parts, making

legitimacy weaker in decrees than justice. A state may be legitimate but oppressive,

whereas the opposite is impossible. Pettit (2012) characterizes the two concepts better

and clearly.

As worded by Pettit, a state simply assesses a social charge that encourages

independence as a non-domination for all its residents. If it appropriately sets a social

demand, then it is legitimate. Failure of a state to assess a social charge properly, the

social charge is possibly illegitimate.

The disapproval of a wholly descriptive notion, such as what Weber’s idea is

about, ignores an individual's second-order of opinions about the legitimacy or their

views, not solely concerning about the real legitimacy of a certain political association,

but regarding the institution's justifiability, about what is crucial for legitimacy. “A

power affinity is not legitimate because individuals consider its legitimacy, but because

it may be explained in respect of their opinions.” (Beetham 1991: 11).

Political Legitimacy and Democracy

Not all but many say that democracy is required for political legitimacy in

modern political ideology. Democratic instrumentalism is the presumption that

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democratic decision-making methods are at best an instrument for reaching fitting

results, whether or not legitimacy needs democracy relies on the results of that

democratic decision-making. Thomas Christiano (2004) differentiates the political

legitimacy between monistic concepts and non-monastic concepts, which made

democratic instrumentalism a monistic conception. It decreases the normativity of

political legitimacy to a single extent: solely the quality of the results a certain political

regime develops is applicable for legitimacy. In contemporary political philosophy, the

opposing side is that democratic structures of political institutions are critical for

legitimacy, unaided by the instrumental significance (Buchanan 2002).

Exclusively procedural aspects of decision-making are suitable for democratic

legitimacy, as stated by pure proceduralism. Multiple supporters are lured to

non-monistic concepts of democratic legitimacy. Such hybrid concepts of democratic

legitimacy merge requirements that guide the quality of results of democratic

decision-making with prerequisites that involve procedural characteristics.

Democratic Instrumentalism

Sometimes democratic instrumentalism is utilized to debate against democracy.

According to statements of this sort, only a few notions of satisfactory results,

regardless, specified, create the ideal that defines legitimacy. If democracy does not

give to more satisfactory developments than an alternative decision-making approach,

for political legitimacy, it will not be critical (Raz 1995; Wall 2007). People, who uphold
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instrumentalism, assume that there is an exemplary development that lives alone in

the function of democracy, and the democratic approach's significance, its legitimacy,

can be reckoned. If surrendering political equivalency permits for an overall finer

estimation of equivalency, then this does not damage legitimacy. This is debatable to

the people, who accept equality to be one of the most necessary egalitarian

significances (e.g. Rawls 1993; Buchanan 2002; Christiano 2008; Kolodny 2014a,b).

Democratic instrumentalism is in opposition to the belief that many democrats

have—that legitimate processes of democratic decision-making form or comprise

authority.

Legitimacy and Political Cosmopolitanism

Political cosmopolitanism is the perspective that nationwide societies are not

the entire basis of legitimacy in the international domain. This is the tiniest depiction.

It is consistent with a method in which nation-states and their administrations stay as

the primary political representatives, for as much as there are a few ascriptions of

political legitimacy and authority to global ways.

Political cosmopolitanism is even agreeing with the greatly challenging opinion

of substituting nation-states and federal governments—at slightly in specific policy

scopes—with international organizations. Instances of applicable policy areas are the

environment or business. The incorporated international associations may comprise

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both international laws (e.g. the rules of the WTO treaty) and international political

representatives (e.g. the UN General Assembly).

Buchanan and Keohane approve that the endeavor to lead with the absences of

legitimacy is an invalid practice of authority. They also claim that the testing to govern

without legitimacy grows not just a normative crisis but includes immediate practical

developments, as organizations that seem unwarranted will not be efficacious. The

issue of legitimacy which international government societies encounter is that when

there is a general accord that international organizations can handle the position of

coordination apparatuses are required, there will be an overall dispute about which

certain associations are crucial and what commands they should give (Buchanan and

Keohane 2006: 408ff).

Legitimacy in a Nutshell

Legitimacy is an idea, carried by people, about the legality of a regime or

sovereign. It has joint outcomes when it is vastly disseminated in the community.

These outcomes may contain a steady social ranking that seems bilateral, in domestic

political life. This is what it indicates when people say of a ‘legitimate authority' and

‘legitimate regime,’ and it is what they seek in post-conflict communities. In global

political life, the results of collectively carried legitimated laws comprise social demand

but even possibly the ending of global anarchy. The notion of ‘anarchy’ between

nations relies on the lack of legitimate government, the extent to which global
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establishments of authority are considered to be legitimate is likewise the capacity to

which the global system cannot be regarded anarchic.

X. POWER

➢ is defined as an individual's ability to influence others' behaviors, beliefs, or

behavior with or without opposition.

➢ can be wicked or unfair, but it can also be regarded as beneficial, as something

inherited or given for the sake of achieving humanistic goals that will serve,

move, and empower people.

➢ is derived from dependency between two entities and the environment, in

general.

➢ "is a terrifying danger in the hands of the immature, wicked, or emotionally

sick," according to Abraham Maslow.

Not to be confused with authoritarianism, the term authority is frequently used

to describe the power viewed as legitimate by the social system. You can't do anything

without power; even people with noble intentions for the community can't do anything

without using their influence or personal power. The use of power does not have to

include force or threat, and there is also a strategic use of soft and hard power, which is

called "smart power."

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THEORIES OF POWER

According to French and Raven, power differs from influence in the following

way: power is the condition of affairs that exists in a particular connection, A-B. A's

attempt to exert influence over B increases the likelihood of A's desired change in B.

When viewed in this light, power is inherently relative - it is contingent on A and B's

respective understandings of their connection. It necessitates B's acknowledgment of a

characteristic in A that would inspire B to change how A desires. To get the desired

result, A must use the 'base' or combination of bases of power that is appropriate for

the connection. Using the incorrect power basis might result in unforeseen

consequences, such as a drop in A's strength.

While French and Raven suggest that there are five primary types of such traits,

they do not rule out the existence of other smaller categories.

❖ The Legitimate Power

➢ Often known as "positional power," is the power that an individual wields

due to their position and responsibilities within an organization. Formal

authority assigned to the bearer of the post is known as legitimate power.

It's generally accompanied by other power symbols like a uniform, a title,

or a commanding physical presence.

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❖ The Power of the Referent

➢ The capacity of individuals to attract others and establish loyalty. It is

built on the charisma and interpersonal skills of the power bearer. A

person may be appreciated for a particular personality feature, and this

adoration can lead to interpersonal influence.

❖ Expertise is Powerful

➢ The power that an individual wields due to their talents or expertise and

the organization's demand for those skills and knowledge. This form of

power, unlike the others, is generally quite specific and restricted to the

field in which the specialist is trained and certified. People are more likely

to listen to them when they have the knowledge and abilities to analyze

an issue, propose solutions, apply sound judgment, and overall

outperform others. People are more likely to trust and appreciate persons

who display competence. Their thoughts will have more value as subject

matter experts, and others will look to them for leadership in that field.

❖ Power is Rewarded

➢ The perception that a leader controls crucial resources and rewards the

followers' desire is the foundation of reward power. It is based not just on

a leader's absolute control over incentives but also on the followers'

perceived worth of those benefits.

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❖ Power of Coercion

➢ The ability to employ physical force to punish and deprive individuals

who do not comply with requests or benefits. People use physical

strength, linguistic skills, or the capacity to provide or withhold

emotional support or tangible resources from others to wield coercive

control.

Other Theories

❖ John Kenneth Galbraith - Power can be "condign" (based on force),

"compensatory" (through the use of diverse resources), or "conditioned" (the

outcome of persuasion), according to John Kenneth Galbraith. Its sources include

"personality" (individuals), "property" (their material resources), and

"organizational" power (whoever sits at the top of an organizational power

structure).

❖ Gene Sharp - an American political science professor, thinks that its

foundations ultimately determine power. People accept and obey a political

regime's mandates, rules, and policies to retain control. Sharp cites Étienne de

La Boétie insight.

❖ Eugen Tarnow - Explores the influence that hijackers wield over airline

passengers and draws parallels with military authority. He demonstrates how a

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group's power over an individual may be enhanced. The leader's control over an

individual is boosted if the group obeys the leader's directives, but the leader's

power over an individual is negligible if the group does not.

Counterpower

➢ is used to describe the opposing force that oppressed people can employ to

counteract or diminish the power of elites in a variety of settings.

➢ 'A collection of social organizations positioned in opposition to the state and

capital, ranging from self-governing villages to radical labor unions to popular

militias,' according to anthropologist David Graeber.

Although the term rose to prominence as a result of its use by participants in the

1990s global justice/globalization movement, it has been around for at least 60 years;

for example, Martin Buber's 1949 book 'Paths in Utopia' includes the line 'Power

abdicates only under the stress of counterpower.'

Hobbes, Thomas (1588–1679) defined power as a man's "current means, to

obtain some future seeming good" (Leviathan, Ch. 10). People, he believed, have

'Natural Power,' which sprang from internal traits such as intellectual eloquence,

physical strength, and wisdom.

Tactics

People utilize several power strategies in everyday circumstances to persuade or

encourage others to take specific actions. There are several instances of basic power
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tactics that are used daily. Bullying, collaborating, complaining, criticizing, demanding,

disengaging, dodging, humor, motivating, manipulating, bargaining, socializing, and

supplicating are just a few of these strategies. Such power methods may be categorized

into three categories:

❖ Soft and Harsh Tactics

➢ Soft techniques make use of the influencer-target connection. They are

more indirect and interpersonal (collaboration, socializing, for example).

❖ Rational and Non-rational Techniques of Influence

➢ Focus on thinking, logic, and sound judgment, whereas non-rational

tactics rely on emotion or disinformation; examples of both include

negotiating and persuasion, as well as evasion and put-downs.

❖ Unilateral and Bilateral Tactics

➢ Require reciprocity from both the person influencing and their target,

whereas unilateral tactics, such as disengagement and the deployment of

faits accomplis, develop without any participation from the target.

Individuals' use of power techniques varies, with people preferring different

approaches. Interpersonally oriented persons, for example, are more likely to employ

soft and sensible strategies. Furthermore, extroverts employ a more comprehensive

range of dominance strategies than introverts. People will use various techniques
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depending on the group setting and the people they want to influence. When

confronted with opposition, people tend to switch from gentle to aggressive methods.

Theory of approach/inhibition

D Keltner created it. The approach/inhibition hypothesis, proposed by Keltner

and colleagues (12), believes that possessing and utilizing power transforms people's

psychological states. The theory is based on the idea that most organisms react to

environmental occurrences in two ways. The approach reaction is linked to activity,

self-promotion, reward-seeking, enhanced energy, and mobility. On the other hand,

inhibition is related to self-defense, avoiding danger, alertness, and losing control.

The approach reaction is linked to activity, self-promotion, reward-seeking,

enhanced energy, and mobility. On the other hand, inhibition is related to self-defense,

avoiding danger, alertness, motivation loss, and general decrease inactivity. Overall,

approach/inhibition theory states that power encourages approach inclinations,

whereas power decrease promotes inhibition tendencies.

Positive

Power prompts people to take action, making individuals more responsive to

changes within a group and its environment. Influential people are more proactive,

more likely to speak up, make the first move, and lead negotiations. In addition,

effective people are more focused on the goals appropriate in a given situation and tend

to plan more task-related activities in a work setting. Also, people tend to experience
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more positive emotions, such as happiness and satisfaction, and they smile more than

low-power individuals.

Therefore, people with more power tend to carry out executive cognitive

functions more rapidly and successfully, including internal control mechanisms that

coordinate attention, decision-making, planning, and goal selection.

Negative

Influential people are prone to take risky, inappropriate, or unethical decisions

and often overstep their boundaries. They tend to generate adverse emotional reactions

in their subordinates, mainly when there is a conflict in the group. On the other hand,

when individuals gain power, their self-evaluation becomes more positive, while their

evaluations of others become more negative.

In conclusion, People with power tend to use more coercive tactics, increase the

social distance between themselves and subordinates, believe that non-powerful

individuals are untrustworthy, and devalue the work and ability of less powerful

individuals.

Coercive influence is met with resistance.

When a group is successful, the leader is trusted, and group norms justify using

coercive techniques, coercive influence can be allowed. Furthermore, when used

frequently and consistently to penalize banned behavior, coercive approaches are more

successful.
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In some situations, though, group members opted to defy the authority's

influence. When low-power group members possess a sense of shared identity, they are

more likely to establish a Revolutionary Coalition, a subgroup that aims to disrupt and

resist the larger organization's authority structure. When an authority lacks referent

power, utilizes coercive techniques, and forces group members to perform painful tasks,

group members are more inclined to create a revolutionary alliance and fight it.

Individuals strive to reassert their sense of freedom by affirming their agency for their

own choices because these conditions cause reactions.

Literacy with Clout

Power literacy is the ability to understand how one sees power, how it is

produced and accumulated, the systems that sustain it, and who controls it. Education

can aid in the development of power literacy. Eric Liu comments in a 2014 TED

presentation that "we don't want to talk about power" because "we find it terrifying"

and "something bad," with a "negative moral valence," and that "power illiteracy

promotes a concentration of information, expertise, and clout." Joe L. Kincheloe

distinguishes between a "cyber-literacy of power," which is concerned with the forces

that shape knowledge production and the construction and transmission of meaning,

and a "cyberpower literacy," which is focused on transformative knowledge production

and a new model of accountability, and a "cyber-literacy of power," which is concerned

with the forces that shape knowledge production and the construction and
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transmission of meaning and is more about engaging knowledge than "mastering"

information.

XI. AUTHORITY

➢ government’s ability to exercise power without resorting to violence

➢ connected to consent since it entails a connection between two people or groups

➢ defined as the likelihood of a certain set of individuals obeying directives. Valid

power is that which both the ruling and the ruled regard as legitimate and

justifiable - Max Weber

➢ distinguished from coercion, force, power, leadership, persuasion, and influence

by legitimacy. He claims that superiors believe they have the authority to issue

instructions, while subordinates believe they have a duty to follow - Max Weber

A government with a high level of legitimacy is also likely to wield a great deal of

power. Its residents often follow the law because they believe it is the right thing to do,

rather than out of fear of punishment. Force or violence is used to exercise power.

Subordinate organizations, on the other hand, must consent to the use of power

possessed by superior groups for authority to be exercised. The perceived legitimacy of

the authority determines the extent to which these rights and obligations are felt. A

well-established, recognized, democratically elected administration has more power

than Adhoc, transient, or corrupt government.

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Authority and Power are different from each other however, authority and power

have an intimate connection along with the line of the government in such cases,

exercising both authority as well as power.

Three Forms of Authority

❖ Rational-legal Authority

➢ a type of legitimacy that is based on the state, official regulations, and

established laws, which are generally written down and rather

complicated.

➢ a type of leadership in which an organization’s or governing regime’s

power is mostly founded on legal reasoning, legal validity, and

bureaucracy. It is the second of Max Weber’s three categorical degrees of

authority.

➢ backed up by a bureaucratic and legal framework

The majority of twentieth-century governments are rational-legal authorities,

according to some who use this description. According to Weber, legal order is a system

in which rules are developed and acknowledged as legitimate because they are

congruent with other laws in terms of enactment and enforcement. These laws are

carried out by a government that has monopolized their enactment while also

maintaining the legal capacity to use force

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Weber claimed that only in Western civilization could the modern state founded

on rational-legal authority originate from patrimonial and feudal power struggles. The

monopoly of means of administration and control by a central authority, the monopoly

of legislative authority, and the formation of officialdom dependent on the central

authority are all conditions for the contemporary Western state.

❖ Traditional Authority

➢ is based on long-held traditions, habits, and social institutions.

➢ refers to the transfer of power from one generation to the next.

➢ refers to a form of leadership in which a governing regime’s power is

mostly based on tradition or custom.

➢ derived from Max Weber’s three-part categorization of authority in

sociology.

In addition to conventional authority, Weber maintained that charismatic

authority and rational-legal authority were the other two types of authority. Weber

observed that these ideal sorts of dominance always tended to come in pairs

throughout history. Traditional dominance, according to Weber, may be traced back to

the patriarchs, their houses, and the family’s historical heritage.

In such systems, the master is generally often an older parent who is chosen

according to inheritance norms. He has no administrative personnel or equipment to

impose his will only via force. Instead, he relies on the submissive group members’
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willingness to obey his authority. They obey him because they believe it is their

obligation, as dictated by tradition.

In conclusion, race, class, and gender may all play a role in traditional authority.

Members of dominant racial groupings or upper-class families are likewise more likely

to be respected. The Kennedy family, which has produced numerous important

politicians in the United States, epitomizes this paradigm.

❖ Charismatic Authority

➢ an individual’s or a leader’s charisma is vital.

Traditional or rational-legal authority nearly usually sets the bounds for

charismatic power, but by its very nature, charismatic leadership tends to question

established authority and is therefore frequently viewed as revolutionary. The

persistent threat that charismatic leadership poses to a community, on the other hand,

will gradually fade as it is absorbed into that culture via use. Authoritarian

governments, autocracies, dictatorships, and theocracies all have charismatic leaders.

Such regimes would frequently construct a massive cult of personality to assist in

sustaining their charismatic dominance, which is signified when an individual employs

mass media, propaganda, or other techniques; to create an idealized and heroic public

image, typically through uncritical adulation and admiration. If the leader of such a

state dies or leaves office without being replaced by a new charismatic leader, the

government is likely to fall quickly unless it has become thoroughly routine.

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Power and Authority

Some individuals confuse authority with power, believing that they are the same

thing. This is why it is critical to understand the distinctions between the two and to

investigate what authority is and how it operates.

According to (Harriet, 2017) are closely related however, they are not similar to

each other. Since Authority and Power in some cases are being combined to have a

balance in society. The authority may disappear in the absence of power. Therefore, it is

essential to have sufficient power to maintain authority; since there are people who are

against it and who don’t respect it.

Power Authority

➢ is the ability to command and influence the conduct of others.

➢ legal right to command, and it also resides with people in their capacities.

Furthermore, it does not follow any hierarchy. It is hierarchical, and authority is

individualized and cannot be delegated. Personal aspects develop as a result of the

superior-subordinate connection. The position has little to do with power, but it does

have something to do with authority.

XII. NATIONALISM

➢ holds that each nation should govern itself, free from outside interference

(self-determination).
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➢ the belief that your own country is better than all others, devotion, and loyalty to

one's own country.

➢ an ideology expressed by people who passionately feel that their country is

superior to all others.

➢ considered as the polar opposite of globalism in some regard.

➢ seeks to safeguard a country’s popular sovereignty—it's right to rule itself—as

well as to protect it from the political, social, and cultural challenges that the

modern global economy imposes from a purely political position.

The rise of nationalism is a relatively recent phenomenon. People have always

felt a strong attachment to their homeland, their parents' traditions, and established

territorial authorities. Nationalism did not become a widely recognized feeling

impacting public and private life until the end of the 18th century, and it was one of, if

not the largest, single deciding elements in modern history. Because of its dynamic

dynamism and all-pervading character, nationalism is usually misunderstood as a

permanent component in political action.

Over the previous two centuries, nationalism has shown to be one of the most

dominant political philosophies, and it looks that this will be the case for the rest of the

twenty-first century. Nationalism, in the current meaning of the word, is undoubtedly a

nineteenth-century invention. It is sometimes presented as an old, even primeval,

political concept. People who are members of a recognized 'country' and have
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significant emotional attachments to it are typically considered as 'natural,' as the

name implies. The superiority feelings of nationalism are frequently founded on shared

ethnicity, language, religion, culture, or societal values. Nationalism, on the other

hand, is far more complicated.

Nationalism as an Ideology

As an ideology, nationalism entails forming a 'world view' - a collection of

cohesive concepts and values that provides meaning to a social group's past explains

the present, and proposes a course of action for the future. Nationalism is the least

intellectual of the major ideologies, but it is also the most illogical and emotional,

appealing to deep feelings.

Nationalism is the only ideology that does not have a philosophy of human

nature. It may contain notions about the nature of individual peoples, such as the

unique ‘soul’ of the Russians or the commitment to the fairness of the English. In

certain ways, nationalism includes a perspective on human nature. Nationalists argue

that each nation is a 'natural' entity, with natural and good relationships binding it

together. As a result, the well-being of the nation is the highest good for the individual.

Nationalism prioritizes patriotism over all other types of political and social

commitment. One's moral or religious views may take precedence over one's national

identity, but nationalism argues that if there is a conflict, they must yield to national

allegiance. Nationalism maintains that the country is the sole legitimate foundation for
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the organization of any political action, not simply because it is the focus of political

allegiance. As a result, the nation, which is made up of all of its citizens, can lawfully

demand property, lives, and any other form of sacrifice from its citizens to secure the

collective's existence.

Hence, it uses the idea of "nation" to achieve political goals. It holds that a

nation is a fundamental unit for human social life and it will identify the notion of

identity of an individual in a specific country.

Ethnic nationalism and Civic nationalism

Ethnic nationalism refers to a long-standing bond between people of a nation

who are related by race, language, or other cultural characteristics. One is a citizen of

the country by birth and lineage, and by genetics, and bears an identity that cannot be

sloughed off by becoming a citizen of another country, either is a citizen of another

country or one who has chosen to become one by filling out an application form. Ethnic

Germans, for example, who had lived in what had become Russia for generations may

ask to rejoin their homeland and return to German soil. They had a greater claim to

German citizenship than Turkish 'guest workers' and even the latter's German-born

offspring until recently.

Civic nationalism is the foundation of nationalism in the United States, France,

and the United Kingdom. It recognizes the shared historical links that exist among the

people of the country, relationships that may be readily extended to other people
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through citizenship, as well as the loyalties and duties that come with that citizenship.

In all, it is the desire for national advancement or political independence. Citizens were

stated to be proud of their country often with the belief and practices they obey to

obtain a strong civic and ethnic nation-state.

XIII. REPRESENTATION AND PARTICIPATION

Political Representation

➢ the process of making citizens’ voice, thoughts, and viewpoints “present” in

decision-making process

➢ when political actors talk, advocate, symbolize, and act on behalf of others in the

political arena, this is known as political representation

➢ in a nutshell, it is a type of political help. This deceptively simple definition,

however, is insufficient in its current form. As a result, the concept of political

representation is left undefined.

The common understanding of political representation contains various, and

sometimes conflicting, conceptions of how political representative should represent,

and thus holds representatives to standards that are mutually incompatible as in the

study of Edward N. (2018)

In the Western world, representative democracy is the most common form of

government. It ranges from constitutional monarchy (such as the United Kingdom) to

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parliamentary republics (such as Canada or Germany) to constitutional republics (such

as the United States of America).

Delegate and trustee conceptions of political Representation impose competing

and contradictory demands on representatives' conduct. Delegate representation

requires representatives to follow their constituents' choices. In contrast, trustee

representation requires representatives to judge the best course of action.

As claimed by Pitkin, theorists should strive to maintain this contradiction by

advising citizens to protect the autonomy of both the representative and those

represented. By enabling the representative to make judgments based on his or her

knowledge of the representative's interests, the representative's autonomy is

safeguarded (the trustee conception of Representation). The autonomy of individuals

being represented is safeguarded by allowing representative judgments to be influenced

by the desires of those being represented (the delegate conception of Representation).

Representatives must behave in a way that protects the capacity of the people they

represent to approve and hold them responsible. Pitkin recognizes at least four

different representational perspectives:

❖ Formalistic Representation

➢ is a type of formalistic Representation that is used to represent anything

in an institutional arrangement that leads up to and begins

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Representation. Authorization and responsibility are two aspects of

formal Representation.

○ Authorization - The process through which a representative gets

his or her position, rank, or office. There are no criteria for judging

how well representative conduct is. One can simply determine

whether or not a representative is qualified to occupy his or her job.

○ Accountability - Voters' capacity to penalize their representative

for failing to act according to their preferences (for example, by

voting an elected person out of office) or the representative's

responsiveness to constituents. It's only a matter of determining

whether a representative is sanctionable or has been responsive.

❖ Symbolic Representation

➢ how a representative "stands for" the people he or she represents — in

other words, the meaning that a representative has for the people he or

she represents. Representatives are evaluated based on the degree of

acceptance among the people they represent.

❖ Descriptive Representation

➢ is a type of representation used to describe something.

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➢ The degree to which a representative resembles the people he or she is

representing. The accuracy of the likeness between the Representation

and the represented is used to evaluate the representative.

❖ Substantive Representation

➢ is a term that refers to how something is represented in the real world

➢ Representative activity is defined as activities conducted on behalf of, in

the interest of, as an agent of, or as a replacement for those represented.

Assess a representative based on how well their policy recommendations

serve "the best interests" of their people.

However, Pitkin, regrettably, never explains how these many perspectives on

political Representation come together. She suggests that the idea of Representation is

unified at times. At other times, she underlines the tensions between these two groups.

Political Participation

➢ can be loosely defined as citizen’s activities affecting politics

Participatory Activities

❖ Voting ❖ Guerilla Gardening

❖ Demonstrating ❖ Blogging

❖ Contacting Public Authorities ❖ Volunteering

❖ Boycotting ❖ Joining Flash Mobs

❖ Attending Party Rallies ❖ Signing Petitions

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❖ Buying Fair-trade Items ❖ Suicide Demonstration

Politicians and intellectuals have emphasized the unique character of democracy

by highlighting the importance of ordinary citizens in political events since Pericles’

famous funeral speech. Political involvement is essential in every political system, but it

is necessary for democracies, where few people participate in decisions; there is little

democracy; where more people participate in decisions, there is more democracy. As a

result, the volume and scope of political participation are important—perhaps even

decisive—criteria for evaluating democracy's quality, as stated in the article of Jan. W.

(2021).

Participatory democracy has the unique ability to create communities based on

mutualism and cooperation by transforming all constituents into equal partners. Many

activist networks and organizations, particularly those dedicated to progressive issues,

prefer such a setting because it allows them to do what they preach, according to

Difference Between Website (2014).

Types of Participation

❖ Engagement in Politics

➢ Any activity that affects, influences, or is involved in the political arena.

Voting, attending a demonstration, performing a terrorist attack, and

writing a letter to a legislator are all examples of political involvement.

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❖ Conventional Participation

➢ We expect excellent citizens to engage in the following activities. Most

individuals participate in elections every few years. People passionate

about politics are more inclined to engage in it regularly.

❖ Unconventional Participation

➢ Activities that are legal but are frequently seen as undesirable. Young

people, students, and individuals deeply concerned about a regime's

policies are the most inclined to participate in nontraditional ways.

❖ Illegal Participation

➢ Illegal activities. People usually resort to criminal participation only after

legal options have failed to produce meaningful political change.

Paradox of Participation

Participation, particularly voting, has been illogical by rational choice theorists.

In a vast country, the chances of one's vote deciding the outcome of an election are

negligible. The expenses of voting exceed the advantages since participation entails

costs (time to vote, the effort to learn about the candidates and topics, and so on). To

put it another way, voting does not make sense for most individuals. Another approach

to analyzing this problem is to consider the voter who votes because he or she wishes to

influence government policy. If they vote because they believe their one vote will make
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a difference, they will be sadly disappointed. The fact is that a single vote has little

impact.

However, if everyone who votes loses faith in the capacity of voting to effect

change, no one will vote, and the democratic process will collapse. The Paradox of

Participation is how political scientists describe these phenomena.

Representation & Participation of Women

In 2020, Pavel Maskarinec said that the relationship between gender and politics

has been an important issue for many decades. Especially on the effects of various

contributing factors to disparities in women's political representation. Although there

is a well-established and growing body of literature on the factors influencing women's

representation at the national level and increasing studies focusing on subnational

levels of governance, only a few studies have attempted to expand this research agenda

to the post-communist countries of Central and Eastern Europe.

While some studies are focusing on the factors that influence women's

participation in state and national political offices, less is known about women's

descriptive representation at the local level, according to Crowder M.et.al. (2015). The

study findings imply that by strengthening female leadership networks, increasing

partisan competitiveness, and encouraging women in the electorate to support women's

candidacies, the gender gap in local political representation can be narrowed.

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XIV. GLOBALIZATION

➢ process of interaction and integration between people, businesses, and

governments around the world.

➢ accelerated in the 18th century due to advances in transportation and

communication technology.

The expansion of global intercommunications has generated growth in

international enterprise and the exchange of notions, faiths, and traditions. Essentially,

an economic method of communication and alliance is correlated with cultural and

social aspects. Yet, conflicts and diplomacy are similarly a substantial part of the history

of globalization and modern globalization.

On the economic front, Globalization includes the economic resources of goods,

services, data, technology, and capital. The expansion of the global market will

liberalize the economic activity of exchanging goods and money. The elimination of

cross-border trade barriers has made the formation of global markets more feasible.

Advances in the transportation of steam locomotives, steamships, jet engines, container

ships, and the development of telecommunications infrastructure such as telegraph,

internet, mobile gadgets, are important elements of globalization and economic and

cultural activities. It creates more interdependence in the world.

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Origins

Many scholars put the origins of Globalization in modern times while others

trace their history long before the Age of Discovery in Europe and their trips to the New

World and up to the 3rd millennium BC. The term globalization first appeared in the

early 20th century (replaced the mediocrity of the previous French) and evolved its

present meaning from the late 20th century to the early 20th century, the world.

In 2000, the International Monetary Fund (IMF) identified four aspects of globalization:

❖ trade and transactions

❖ capital and investment movements

❖ people movement

❖ knowledge dissemination

The process of globalization affects and is influenced by businesses, labor

organizations, economies, socio-cultural resources, and the natural environment.

Academic literature generally divides globalization into three main areas:

❖ Economic Globalization ❖ Cultural Globalization

❖ Political Globalization

The term globalization was used in English as early as the 1930s but was used

only in the context of education and was not widespread. Over the next few decades, the

term was occasionally used by other scholars and the media but was not well defined.

One of the first uses of this term in a similar sense to the latter came from the French
 114

economist François Peru in an essay in the early 1960s. Theodore Levitt is then often

praised for popularizing the term and bringing it to the mainstream business audience

in the mid-1980s.

Definitions by Known Persons

In 1848, Karl Marx noticed the growing interdependence of states caused by

capitalism and predicted the universal character of modern world society. He decides:

"By developing the world market, the bourgeoisie has created and consumed an

international character in every country. To the great disappointment of the rebels, it

dragged the land where it stood at the foot of the industry. Instead of the isolation and

self-sufficiency of old regions and nations, civilizations have traffic in all directions, the

universal interdependence of the nation.

Sociologists Martin Albrow and Elizabeth King interpret globalization as the

complete means where humans are combined inside an indivisible world community.

Anthony Giddens addressed globalization in "The Results of Modernity" as:

"Globalization can be defined as the strengthening of global social relationships that

connect distant places; just as local events are shaped by distant events."

In 1992, Roland Robertson, a professor of sociology at the University of Aberdeen

and an early writer in the field, described globalization as the advancing of the density

and strengthening awareness of the world as a whole.

 115

At Global Transformations, David Held and his co-authors said: "At one end of

the continuum are social and economic relationships and networks organized at a

regional and/or national level. At the other end are social and economic relationships

and networks that crystallize on a broader scale of regional and global interactions.

Globalization is a spatiotemporal change process that supports the transformation of

human resources organizations by networking and expanding human activity across

regions and continents. A good definition of globalization should include each of these

factors: range, intensity, velocity, and impact."

Manfred Steger, professor and principal investigator of the Global Studies

Institute at RMIT University, identifies four key empirical aspects of globalization:

❖ Economics ❖ Culture

❖ Politics ❖ Ecology

The fifth dimension, idealism, intersects the other four.

According to Steger, the ideological aspect is filled with many norms, claims,

beliefs, and stories about the phenomenon itself.

According to James, the oldest dominant form of globalization is globalization as

the embodiment of people's movements. The second form is agency-expanded

globalization, the distribution of agents from a variety of institutions, organizations,

and communities, including imperial agents. The third form, object extended

globalization, is the movement of commodities and other exchanged objects. James

 116

believes that this set of distinctions will give us an idea of ​what the most embodied

forms of globalization are today.

Journalist Thomas L. Friedman spread the term "flat world" and argued that

globalized trade, outsourcing, supply chains, and political forces changed the world

forever, for better or for worse. He argued that the pace of globalization is accelerating

and will continue to have an increasing impact on business organizations and practices.

Archaic Globalization

❖ the stage in the history of globalization, including the events and development of

globalization, from the time of early civilization to about the 17th century.

❖ the term is used to describe the relationship between communities and states

and how they emerged through the geographical spread of ideas and social

norms at the regional and regional levels.

❖ did not work as well before, as nations were less dependent on others than they

are today.

Criticism of globalization generally stems from discussions about the impact of

such processes on the planet and labor costs. Because the free market economic policy

is closely linked to the democratic process of universal anger and the escalation of

militarization, it implements the principles of democracy and resolves conflicts. Poverty

will occur. Opponents of globalization usually combine environmental issues with

nationalism. Opponents see the government as a neo-colonial agent subordinate to

 117

multinational corporations. Much of this criticism comes from the middle class. The

Brookings Institution suggested that this was because the middle class saw the rise of

the low-income class as a threat to their economic security.

Globalization enables companies to outsource their manufacturing and service

jobs from high-cost locations, creating economic opportunities with the most

competitive wages and employee benefits. Globalization critics say it is detrimental to

poorer countries. Free trade promotes globalization between countries, but some

countries seek to protect their domestic suppliers. The main exports of poor countries

are usually agricultural production. Powers often subsidize their farmers, which lowers

the market price of foreign crops.

Global democracy

➢ is a movement towards an institutional system of global democracy that would

give world citizens a say in political organizations.

➢ one of its greatest enthusiasts is the British political thinker, David Held.

Advocates of democratic globalization claim that industrial enlargement and

growth should be the first stage of democratic globalization, and to be succeeded by a

period of strengthening global political organizations. Dr. Francesco Stipo, Director of

the United States Association of the Club of Rome stated that unifying nations under a

world government, suggests that it "should reflect the political and economic balances

of world nations." The World Union will not replace, but rather complement, the
 118

authority of the state government, as both state and world authorities have the power

within their jurisdiction. A UN Parliament directly elected to oversee non-elected

international organizations.

Global civics

Global Civics proposes that citizenship in the global concept can be interpreted

as a social agreement among world citizens in a period of interdependence and

intercommunication. The multiplier of the notion distinguishes it as the idea that we

possess definite privileges and responsibilities to one another because of the mere

mortal permanence on earth. World citizens have many similar meanings, often are

those who reject the traditional geopolitical divisions that result from the citizenship of

their citizens. An early incarnation of this sentiment can be seen in Socrates, who

quoted Plutarch as saying, "I am neither an Athenian nor a Greek, but a citizen of the

world." In an increasingly interdependent world, global citizens need a compass to

determine their thinking and create a mutual understanding and awareness of global

responsibility for global issues such as environmental and nuclear proliferation.

Anti-globalization movement

Anti-globalization, or counter-globalization, consists of several criticisms of

globalization but is critical of the globalization of corporate capitalism. It is attributed

to the alter-globalization movement, anti-globalist movement, anti-corporate

globalization movement, or movement against neoliberal globalization. Argues that

 119

power and respect in international trade between the developed and underdeveloped

countries are unequally distributed.

The various subgroups that make up this movement include trade unionists,

environmentalists, anarchists, land and indigenous rights activists, human rights and

sustainable development organizations, anti-privatization activists, and anti-sweatshop

activists.

One of the movement's most notorious tactics was the 1999 Battle of Seattle,

which saw protests at the Third World Trade Organization Ministerial Conference.

Around the world, the movement is protesting outside meetings of institutions such as

the WTO, the International Monetary Fund (IMF), the World Bank, the World Economic

Forum, and the G8. At the Seattle demonstrators, the demonstrators used creative and

violent tactics to raise awareness of the issue of globalization.

Anti-global governance

In the 1930s, the concept of a world government was supported by the World

Federalist Movement (WFM) and other institutions to which the adversary stood up.

Those who reject global governance typically raise accusations that the approach is

unfeasible, unavoidably oppressive, or utterly useless. These opponents are cautious of

the accumulation of power or assets that such governance might serve, in general. Such

argumentation records back to the establishment of the League of Nations and the

United Nations later on.

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