Political Science and International Relations

The debate on human rights is caught between the limitations of both universalism and cultural relativism. Comment. UPSC 2024 Paper 1A Qn 3a The debate on human rights is fundamentally shaped by the tension between universalism and cultural relativism, two competing perspectives on the nature, scope, and application of human rights. While universalists argue that human rights are inherent, inalienable, and applicable to all individuals regardless of cultural or social contexts, cultural relativists contend that rights must be understood within the specific traditions, values, and histories of different societies. This debate raises critical questions about the legitimacy, enforcement, and adaptability of human rights in a diverse global order.   The Universalist Perspective - Universalism, largely rooted in the Enlightenment tradition and codified in international human rights frameworks such as the Universal Declaration of Human Rights (UDHR) (1948), asserts that human rights...

Discuss the doctrine of 'rights as trumps'. UPSC 2019 Paper 1A Qn 4b The doctrine of rights as "trumps" is a significant concept in legal and moral philosophy, most notably articulated by Ronald Dworkin in his influential work Taking Rights Seriously (1977). This doctrine suggests that individual rights are so fundamental that they take precedence over collective goals, utilitarian calculations, or the interests of the majority. In this framework, rights function as constraints on governmental or societal actions, ensuring that individual dignity and autonomy are not sacrificed for the sake of aggregate welfare . Rights as Trumps - a. Rights as Moral Shields - According to Dworkin, rights are moral claims that protect individuals from being subordinated to the collective good. They serve as "trumps" because they cannot be overridden merely to achieve social utility or efficiency. b. In a constitutional democracy, rights are enshrined in law and act ...

Comment on the Idea of Natural Rights. UPSC 2015 Paper 1A Qn1a Rights, as social claims, create conditions necessary for the development of human personality. The social contract theory proposed by contractualists like Thomas Hobbes, John Locke, and J. J. Rousseau holds the view that natural rights are not granted by the state, but they come from the very nature of man, his own intrinsic being. Natural rights were essential properties of men as men. The contractualists, therefore declared that the rights are inalienable, imprescriptible, and indefeasible. If the state failed to maintain these rights, the man had the right to overthrow the government and set up a new government. For Locke, the rights are derived from the state of nature. They constitute the basis of the principles of governance.  The teleological view of rights,  which seeks to relate the rights of man with the purpose of human life , says that the rights to liberty, property security, and resistance t...