Fourth Chapter
Political Ideology
The study of political science is the main ideology of law. Usually, in interpreting the law, we can say that "law is a collection of rules. Through which we control the wrongdoings of a person.
There are many definitions of this. Some of the major ones are as follows. –
1 Austin: - Law is the order of the sovereign.
2 Willoughby: - Law is the rules of conduct according to which the courts act. Although there are many rules of conduct in society, but in Law It is characterized that it enjoys the full power of the state.
3 Salmand: - Law is the set of rules that the state recognizes. The judicial system enforces it in administration.
Source: - There are different sources of law. We can describe it as follows. –
- Religion: - It is a major source of law. In ancient times, people had a wide influence on religion. In ancient times, the ruler was his ruler. For the conduct of civil works, they have to make laws based on their religion. Hindu rulers made the rule of law based on Hindu scripture. On the other hand, the rulers of Islam religion made laws according to "Quran". Thus, it is clear that religion is the main source of law.
- Rituals - customs and traditions: - This is also a major source of law. Since ancient times, it has been considered as the main source of law. As an example, "British Commonol is the prime example of this.
- Legal Design - The works of classics are also a major source of law. As an example of the rule of law under the British system of governance, influenced by the famous jurist AV Dicey’s "The Law of the Constitution”. Similarly, in America the principle of separation of powers is influenced by Montsec’s work “The Spirit of Law."
- Decision of Courts - Judgment of judges is also a major source of law. The decision given by the judges of the Supreme Courts or the High Courts of the States under various steps is a major source of law. The decisions made by PN Bhagwati, the Chief Justice of India in a 1980 lawsuit in the Union of Democratic Rites and the Union of India are the basis of today's "public interest litigation.
- Judges' sentiment: - It is also a major source of law making. Many times, Due to any legal system being incomplete in the resolution of the bar cases, many judges give decisions on the basis of their discretion and sense of justice, which along with justice, Paves the way for the creation of law. Judges interpret the law based on their own discretion as and when required under the interpretation of the Common Law based on traditional customs under the British. Thus, it is clear that judges also have a sense of justice. Law is a major source of legislation.
- Legislature or Parliament: - These are the major sources of law making. Man is made. This system is currently quite prevalent. According to the constitution by the Parliament is the construction of the law.
- Ordinance: - Government Ordinance is a major source of legislation. This is the main source of this system. The prime example of this system is the end of Article-370 and the end of Article-35A system related to Jammu and Kashmir under India under which a separate system exists today in Jammu and Kashmir by making new laws.
1 Public Law: - These laws determine the relation of the person to the government or the state. Arrangements related to tax evasion murder etc. come under it.
2 Personal Law: - It is also a major type of law. These are the laws of this type. Under which the relationships between individuals are determined. Under this, things related to Mana land - property etc. can come.
3Statutory Law - The laws which describe the functions and powers of the government are called statutory laws. Under the constitution of any country, there is a system of fundamental rights of citizens. We can put the creation of law based on all these under statutory law.
4. Statutes - These laws are made by the Parliament or the Legislature of the state. This type of system has been widely adopted under the democratic system. 5. Common law. - British Commonwealth is also a major type of law. Thus, the base of this kind of law is the tradition and arrangements related to ritual. .
6. International law: - It is also a major type of law. Under this, law is made on the basis of mutual cooperation and relations of various nations of the world. U.N. We can put the law made by the United Nations in this category.
Conclusion: As a conclusion, we can say that by law, the determination of the relationship between the state and the person is the operation of the governance system. A good law requires clarity, simplicity, universal appearance etc. And the existence of law also controls the unfair treatment of citizens. Thus, it is clear that the law has wide significance.
Freedom is the key concept of the study of political science. Without this we cannot even conceive of the development of a person. It originates from the Latin word" Liber ". It means" lack of ban ". This is that a person should have the freedom to work. So that he gets pleasure. But it should not be considered the true meaning of complete freedom. Because it can be promote a person's selfishness, full policy and arbitrariness.
There are several definitions of freedom. Some of them are as follows:
1 TH Green: - "Freedom is the name of the freedom to do those things which are worth doing.
2 Burns: -" Freedom is the complete development of one's personality and abilities.
3 GDH Cole: - "Name of the right to express our personality without any hindrance.
Aspects of freedom, - Two aspects of freedom came to us when we study this subject. One is negative freedom and the other is positive freedom. The system is from providing it to the person, under which it can do its functions arbitrarily and similarly the rule there should be no bond of law etc. The name of JS Mill is notable among the leading thinkers of this type.
But it can actually promote monopoly in society. This is why Barker has said that “The mill has remained a messenger of a hollow and intangible freedom.
On the other hand, the major aspect of freedom is positive and the idea is correct. Because according to it, 'freedom is the name of doing those things which are worth doing. Its principal thinker, Green, is a prominent liberal thinker like Lausky.
Types are:
1 Natural Freedom: - The leading thinkers of freedom believe that freedom is natural. The names of Locke, Russians etc. are notable in this. But the current thinker does not agree with this view. Because according to them, natural freedom will pave the way for freedom of wild system. This will not be in the interest of the person.
2 Political Independence: - As we know that the present era is 'democratic era'. Under them, the widespread importance of political freedom has increased today. In this, the freedom to politicize, the freedom to vote, the freedom to vote on political problems, etc. are prominent.
3 Personal freedom: - It is also a major type of freedom. Under this, it has been emphasized that one should get freedom to do those tasks. On which its existence depends
For example, roti, cloth and house are the most indispensable personal tasks of the person and under this area, you should have the freedom to work individually according to the qualifications. Its major promoters are mill, green etc.
4 Economic Freedom: - Economic freedom is also a major type of freedom. Because, today is the era of the rise of the earth. Under this, financial freedom is very important for a person. This is especially emphasized by Marxists. Under this, we can keep the freedom and proper remuneration etc. D. H. Cole is its principal promoter.
5 Moral Freedom - The place of this type of freedom is also important today. This means that a person should have the opportunity to develop his personality as a perfect person. So that it will be easy to control wrongdoing and control of anarchy in society.
Marxist view of freedom: - Marxist view of freedom is based on the belief that the state is an artificial organization and it is a weapon of exploitation of the individual. It is the guardian of the capitalist system. Therefore, it is right to expect freedom from such a state in the true sense. Because workers are exploited by them and they will not get proper remuneration and respect. The Marxist system has emphasized on such freedom, under which economic freedom has been emphasized more than political freedom. Liberal Freedom:- As we know, the rise of the liberal system took place rapidly in the 17th and 18th centuries. The name of Lock Green etc. is notable under this. Liberals are of the opinion that instead of stopping the self-respecting work of individuals, the state should have control over other related matters i.e. society. They believe that "Freedom is the name of doing those things which are worth doing. In this way we can say that there is a huge difference between the freedom of Marxist and Liberal freedom. Conclusion: Freedom is necessary for development of a person. Without this, a person becomes like an animal. Therefore, freedom is necessary for the all-round development of a person.
Within the study of politics equality is important. Equality is essential for all round development of the individual. Equality is essential for the socio-economic-political development of the individual. The concept of equality was paved by the State Council of the American Freedom Struggle 1776 and Foss.
After independence, the person was given the right to equality on the basis of various aspects of equality from Articles 14 to 18 under Part 3 Fundamental Rights under the Indian Constitution. So that their all-round development is possible. Normally, we mean to establish a system under which the difference between rich - poor, high - low female - male without any distinction - should be treated as equal. Explaining equality, Lasky states that 'first of all equality means lack of privilege and second is to give way to proper opportunity for all.
Types of similarities:
- Natural equality. Assuming equality as natural, it has been emphasized that nature has made all humans equal. Although there is a wide difference in the appearance of different humans at birth, however, there is a similar morality among them. Because nature gives all its facilities to all humans equally.
- Social equality: - It is also a major type of equality. This equality is based on the concept that discrimination based on descent, caste, community, etc. should be eliminated in the society and everyone should get equal opportunities for social upliftment.
- Economic Equality: - This is also a major type of equality. This is especially a product of Marxist thought. Along with the development and spread of socialism, the path of economic equality was paved. It means to eliminate exploitation and class struggle from society and emphasize on the establishment of a fair distribution system of property. It also means that such arrangements should be made so that everyone gets equal opportunity for economic growth.
- Political equality - Political equality means that everyone has the right to participate in the governance work of the state. Time only under such a democratic and public welfare state.
- Civil equality: - It has two important aspects - First, all citizens are equal before the law and secondly all citizens are to be given equal fundamental rights and freedom.
Different aspects of equality
- Legal: This is a major aspect of judicial equality. Under this, we can say that without justice, equality cannot exist. The major proponent of this side is Aristotle. In describing justice, he has said that "Justice is the key element in which both freedom and equality are enshrined. In addition to this we can also give example of the jurist “Damsi". By establishing the" Rule of Law “There has been talk of giving everyone an equal judicial opportunity. Thus, equality is not possible without justice.
- Economic - this is also a major aspect of equality. Famous scholar according to the opinion of twenty-two, it means that the money gap is eliminated and every woman and man should get all the things which are available in the world, provide them society as well as adequate opportunities for economic development. Should be. This dimension has been paved extensively by Marxists and Socialism.
- Social: - This even the key aspect of the variation. Social inequality in society since ancient times is largely widespread. After independence fundamental rights etc, given to end social inequalities comprehensive. Indian Constitution soulful arrangements end. Also, extensive work was done in this direction at the international level as well. The Declaration of Human Rights in 1948 is a major step in this direction. It’s simply means that by eliminating caste, religion, class and gender, the path of social development of all and individual should be paved in the same direction.
- Political aspect - This is also the major aspect of equality. Under this, the state has an obligation to provide equal political rights to all its citizens. It is appropriate to give them equal opportunities in the formation of political parties, the right to vote, the solution of political problems. Spoiled. A democratic system with such political equality could never succeed. This kind of emphasis has been given in the State Council of Franc and under the Declaration of Human Disorders that every person should have equal rights to participate in the governance of his country.
- Rights and Equality - There is a wide relation between rights and equality. All individuals should have equal rights with socio-economic, political, constitutional etc. Only then all-round development of a person is possible. It is also the prime responsibility of a public welfare state to make arrangements to provide equal rights to all.
Therefore, it is clear that rights cannot be possible without equality. There is a wide and very important relationship between the two.
Conclusion- As a result, we can say that for all round development of the person, it is very important to provide equality in the areas of law.
Inequality stops the development of a person. And equality holds its wide and important place for a person. This is the operator of its extensive importance.
Right is the main concept of the study of political science. Rights can also be considered as a measure of state. As we know that the state gives enough rights to its citizens. It is considered to be a state with a similar democratic system and a state which restricts the rights of its citizens is considered a state with a dictatorial system.
There are several definitions of authority. Some of the following are as follows:
1 Lausky - Rights are the conditions in the social life of man, on the basis of which a person paves the way for his development.
2 Holland - Rights are the ability of one person to influence the other's duties and the power of society.
3 Bosake - Only through rights a person can progress in society.
Types are:
- Natural right - This is a major type of authority. This implies that the existence of the state existed before the right. Its main proponent is Jon Lock. According to this opinion, the right to a property and Life freedom can be placed in the category of natural rights.
- Dynamic Rights - This is also a major form of right. These rights depend on human moral sense and have no legal power behind them. For example, it is the moral obligation of children to take care of their parents in old age. This right is a moral right.
- Constitutional Rights - This is also a major type of right. Under this, the rights granted to individuals by the constitution of a country are called constitutional rights as well as fundamental rights. Because they are provided by the constitution of the country.
- Legal Rights: - It is also a major right of right. The rights conferred by the law of the country are called legal rights. For example, one can keep the property provided under Article 300A of the Constitution of India.
- Politics - This is also the authority. Under this, the right to create the right to form a political party can be retained. The right to obtain political office also comes under this. Lauky's view - Lausky has a great importance in explaining the doctrine of rights. He has extensively interpreted the authority under his work The Grammar of Politics. His views on rights are quite similar to the state of the public welfare. According to him, "Rights are the condition of human social life. On the basis of which a person paves the way for his development.
Apart from this, they have considered the authority as the test of the state. They believe that the more rights a state provides to its people, the more it will be a public welfare state. Conversely, the state that would restrict rights would be a state with a dictatorial system. His definition is considered one of the best definitions of authority. According to them, a person should get comprehensive rights under all the social, economic, political, and moral, etc. All-round development of the individual is possible only with the region and the state. They have said that the creation of authority is not a state, but it only serves to grant recognition. According to them, this right is paramount, which represents the maximum population. Along with authority, it is also necessary to have duties. According to them, the use of rights is possible until the person considers his duty to be aware of others.
Thus, his concept corresponds to the concept of public welfare state.
Liberals - The liberal system emerged under the 10th century. Its most salient feature is that its main supporters emphasized on granting right to comprehensive freedom to individuals. This is the reason that they have also been termed as individualists. Among them, Mill Green etc. is a prominent scholar. Their ideas can be given the form of fundamental right in today's democratic era. Among these, the right to freedom of life and freedom of thought is important.
Marxist: Special emphasis has been laid on granting economic rights by the Marxist. They believe that the state is an instrument of exploitation and the rights conferred by it are only shown. Because the rights conferred by him can never be taken away from the poor and workers in the interest of the capitalists. Therefore, the emphasis was given by them only on arranging for the economic rights and all-round development of individuals.
Conclusion: We can say that rights are very important for the all-round development of the individual. Whether it is Lausky, Marxist or Liberal, all considered rights are essential for the individual. Therefore, the right has great importance especially in today's democratic era. We have no doubt in this.
Justice is a major concept of the study of political science; it has existed since ancient times and is an essential condition for the operation of a civilized society. Without this, we cannot even imagine a state or society.
The word justice originated in the Latin word ‘jus’, this means “To Tie”. Thus, justice is the system through which one person is connected with another. Several definitions have been given. Some of them are as follows.
- Threcimax - Justice is the interest of the strong.
- Plato - If every person performs the duties according to his / her own merit and does not interfere in each other's affairs, justice will be established in the society.
- Aristotle - Justice is the key element that has both freedom and equality.
Different aspects of Justice:
1 Legal: There is a deep connection between justice and law. And these two complement each other. Justice is established through law. From this study, two forms of the legal side of justice appear to us.
- Creation of just law
- Justice in line with law.
The creation of a just law means that the creation of a law based on a justice-based system. Establishment of justice is possible only when fair law is framed. Social values prevailing in every society, social morality and the wisdom of the ruling class of that society are collectively the basis of justice.
Apart from this, for the establishment of justice, it is necessary that the law should be implemented in a fair manner. To implement Law, the government will have to adopt it in a democratic way. From the legal point of view, all human beings are equal and all has equal legal protection.
2. Social side of justice: - By justice system we mean to provide adequate and equal opportunity for social development for all without discrimination of caste, language, gender, rich and poor. Only then the person will be able to develop all rounds. In addition, such an arrangement should also be established that it proves to be the minimum for the maximum. Russia is its exponent. According to Lorkey, we mean social justice with equal social rights. Aristotle, Kautilya etc. have also emphasized social justice. The establishment of social justice has become an imperative of a public welfare state today.
3. Political Identity - This is also a major part of justice. It is usually taken from the seigniory and mutual relation of public. It was also emphasized under Farce’s statehood and American freedom struggle. This fact has also been emphasized under the Declaration of Human Rights. Clearly, we can say that giving equal political rights to all persons without any discrimination is political justice.
4. Economic: - It is also a major element of justice. Socialists, Marxists etc. have laid special emphasis on the economic aspect of justice. G. D. H. Cole believes that without economic justice, the hypothesis of all justice, political, social etc. will remain as a mere imagination.
By financial justice, we mean that every citizen should be able to work according to their ability and the system of earning is required by the state. Economic security, prohibition of exploitation of workers is also necessary. Industrial Coati has also laid special emphasis on the economic side of justice. Scholars like Aristotle, Kautilya etc. have also considered economic justice to be mandatory.
Freedom and justice - Both freedom and justice are complementary to each other. The ultimate goal of freedom comes from the attainment of justice. Only on attaining complete independence can a person develop his all-round development. Aristotle has also considered freedom to be an essential element in the establishment of justice in his definition. But it is necessary to stop freedom which is not in the interest of society and is based on personal selfishness. Control over this type of freedom is necessary for the establishment of justice.
We can safely say that justice is a major concept of political science and the right system of justice is very important for the all-round development of a person.
