Que) discuss the Idealistic Theory of rights.
Ans) Meaning and definition of Rights
Different types of powers have been given to man by nature, but some external facilities are required to use these powers properly in the interest of self and society. The best goal of the state is the complete development of the individual’s personality, thus these facilities are provided to the person by the state and the name of these external facilities provided by the state to the person is right.
The meaning of right is to provide freedom or positive facility to do some work given to the person by the state so that the person can fully develop his physical, mental and moral powers.
In simple words, rights are the common claims of people which every civilized society recognizes as essential claims for their development, and which are therefore enforced by the state.
Some Definitions given by political thinkers
1) “Rights are those conditions of social life without which no man can seek in general, to be himself at his best.” — Laski
2) “Rights are powers necessary for the fulfillment of man’s vocation as a moral being”–T. H. Green
3) “Rights are nothing more nor less than those social conditions which are necessary or favourable to the development of personality” — Beni Prasad
As such, Rights are common and recognized claims of the people which are essential for their development as human beings.
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The Idealist Theory of Rights
According to the Idealist or personality theory of rights, human beings need congenial external conditions for the development of their personalities and those conditions are created by the state. The theory links rights with the moral development of man and looks at rights essentially from the ethical point of view. Without these conditions, it is not possible for the individual to live and realise his full stature. These opportunities are rights to be enjoyed by the individual in society. Those rights are to be understood in a social context. Rights are linked with the individual good and the common good of all.
Moderate idealists like Kant and Green speak not in terms of the growth of individual personality alone, but also in terms of the common good. Conditions for the ethical and moral development of man are created by the state. According to Green, human consciousness postulates liberty, liberty involves rights and rights demand the state. According to Bosanquet, rights are the conditions for the realisation of the end of the state. They are the claims recognised by the state. The view of Krause, Henrici and Wilde is that without rights man cannot become his best self.
The idealist theory looks at rights from a highly moral point of view. Rights are rooted in the mind of man, They are powers granted to him by the community so that he alongwith others may realise a common good of which his good is an intrinsic part. According to Wilde, a right “is a freedom of action possessed by a man by virtue of his occupying a certain place and fulfilling a certain function in a social order.” (The Ethical Basis of the State, p. 12)
*Criticism*
Critics point out that there are certain defects in the theory. It is vague and objective standards cannot be applied. Just as the greatest happiness of the greatest number as expounded by the Utilitarians cannot be measured, the conditions supposed to be aiming at the moral perfection of the individual cannot be assessed. Extreme idealists do great harm to the liberty of the individual by asking him to obey the state implicitly. The idealist view is too abstract to be easily understood by an average man. The idea of moral development is abstract and it is difficult for the state to judge the conditions which are conducive to the best possible development of the personality of the individuals. The very idea of personality is subjective and no generally acceptable list of rights can be drawn on the basis of this theory. This theory sacrifices social good for the sake of individual good. The view of Dr. Asirvatham is that the idealist theory of rights”_furnishes a safe test of rights which can be applied at all times, and herein it is superior to the legal, historical and social welfare theories. The one absolute right of all human beings is the right of personality”.