With this in mind we must now turn our attention towards establishing a conclusion. Keywords: foundations of human rights, interest theory of human rights, interest theory definition. There are also no comparable judicial institutions which would try violations of law and award a judgement against the offender.” (Rehman, 2002:15). The interest theory of rights was first proposed by Bentham (1987) who argued that a person has a distinctive human right when others have duties which protect one of that person’s interests. The Will Theory and 2. Syntax; Advanced Search; New. We can also find fault in the interest theory of rights when we pause to consider the flip-side of the argument by looking at those rights that are not in the interest rights holder. “If the concept of human rights is universal, that is, possesses a validity which is good for all places and for all times, then it is apparent that there is a significant disparity in the way in which these rights are concretised from place to place and from time to time. There exist two main theories of legal rights – 1. All rights reserved. Human rights aim to identify both the necessary negative and positive prerequisites for leading a minimally good life, such as rights against torture and rights to health care. The Interest Theory. However, in the final analysis, there is an equally deep-seated chasm between the interest theory of rights and the practice of translating western moral imperatives (which have grown exclusively in tandem with the evolution of western liberal democracy) on both a domestic and, especially, on an international scale. I suggest a new role for authority and interest in the theory of right: Rights can be explicated as sets of prohibitions, permissions and commands, and they must be justified by interests. If, for instance, we consider the legal rights involved in the exchange of property inheritance we can understand the extent to which unwanted goods can be effectively tithed to a person simply because the interest-based law states that it is in the citizen’s best interest to have the property passed down to them. The second circumstance is that, in legislative and judicial materials, arguments of the various sorts we have been considering typically are blended. Or again, the rights of political speech a… (1987) Anarchical Fallacies, in, Waldon, J. As a utilitarian, he was critical of the idea of moral rights, but conceded that the rights could be useful in legal systems. vamsib7197 is waiting for your help. Likewise international law by nature implies a deep-seated association with the concept of interest with the best interests of the sovereign state being the primary determining factor behind the most basic and fundamental theories relating to international relations (Brown and Ailey, 2005:63-77). The Constitution of India contains the right to freedom, given in articles 19, 20, 21A, and 22, and with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. According to him: This article seeks to strengthen the position of the Interest Theory by discrediting its chief rival. While the idea of human rights may have a discernible homogeneity, perhaps derived from some kind of natural law theory or social theory, it is nonetheless clear that the implementation of these rights by states lacks a corresponding identity.” (Davidson, 1993:89). It is a cluster of four main laws. ?#DARE COMPLETED ​, Who was the first speaker of the Lok Sabha?​. Leftists and modern “liberals” cash in on this apparent absence of evidence. Abstract: In human rights theories, there has been a controversy between the theory that human rights are an interest (the Interest Theory) and the one that it is a freedom (the Freedom Theory).Marx critiqued the limitations of the Western Freedom Theory of human rights from the perspective of Interest Theory. The scientific study of earthquakes is called epicentre3. In this way we can see how the interest theory of human rights represents a paradox whereby in trying to establish a moral imperative to underpin the concept of human rights, the theory has instead given birth to new conceptual confusions with regards to the blurring of the boundaries of the public and the private and the intermeshing of the paradigms of the individual and the state. For instance, naturalrights are the sub-class of moral rights that humans have because oftheir nature. If, for instance, the handing down of custodial sentences was left to solely the best interests of the judge (as opposed to the best interests of the public community whom the judge is supposed to be representing) then the core structures of the criminal justice system would come crashing down with a sense of arbitrary judgement replacing liberal, democratic rule. Likewise, there are distinct judicial differences between domestic human rights law and international human rights law, certainly in the application and exaction of these laws on a worldwide basis. This ongoing discrepancy between the ideal of the interest theory of rights and the practical application of this theory across trans-national borders where there is a discernible lack of international consensus with regards to enforcing decisions renders the interest theory an ideologically weak hypothesis. Moreover, there is, as Meckled-Garcia and Cali (2005:11) declare, “no principled difference is made between individual and collective.” This is in direct contrast to international human rights law (IHRL) where only the state can impinge upon the basic human rights of individuals or groups of individuals living within that sovereign state. (2002) International Human Rights Law: A Practical Approach London: Longman, Robertson, G. (2006) Crimes Against Humanity: The Struggle for Global Justice: New Edition London: Penguin. Yet no reason has been given why a change in the quantity of money should affect either the investment demand-schedule or the readiness to save out of a given income. Interest theory of right has been given by Ask for details ; Follow Report by Munmoon6337 03.06.2019 Log in to add a comment Long a major concern of legislators and courts, [24] protection of privacy has been given short shrift by contemporary American theorists. Before we can begin, though, we need to offer a definition of the interest theory of rights. That is to say that, as a branch of international law, international human rights law is distinct from domestic law of sovereign states that act as the defining means of arbitrating power between individuals on a state by state basis. University Press, Rehman, J an inherent attribute of the interest based theory... 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