Post on 15-Nov-2014
SANGRUR
An
ASSIGNMENT ON
FAMILY LAW
ON
TOPIC
MARRIAGE WAS A SACRAMENT OR IS A CONTRACT?
Submitted by
ARUN BANSAL
Submitted to
Miss. Rupinder Pal Kaur
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ACKNOWLEDGE MENT
Project work is an excellent tool for learning and exploration. We
writing this report received valuable assistance and guidance
from the number of person to whom we want to express my
gratefulness.
First of all we wish to express our profound gratitude &
science makes to our teacher of Family Law Miss.Rupinder Pal
Kaur. Who gave us the topic MARRIAGE WAS A SACRAMENT
OR IS A CONTRACT & provided us with various books and
guided us at every point with her rich knowledge. Experience &
suggestions without whom the successful completion of the
assignment would have been impossible.
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PREFACE
Introduction
About the theory
Nature of rights
Threats to rights
Criticism
Conclusion
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INTRODUCTION
I order to live ; a man must have some rights, to develop
his personality to the particular rights. It state is the first condition
of a civilized life, the civilized life requires a set of special rights
that a man must have. We may differentiate between Govt. In
the context of there relative merits & demerits taking into account
the rights of the people. In this way, the concept of rights finds its
broad manifestation in the liberties of the individual on the one
hand and in the scope of state activity on the other.
The main aim of modern states is to provide more & more
facilities to its citizens and to improve their living standard and to
make their lives more comfortable and happy. To achieve this
aim state provides many facilities, which are termed as rights.
Prof. Laski has said,” The state is known by the rights it
maintains.”
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Rights are necessary for the upliftment of individual’s
social, economics, political, psychological and moral condition.
They are not only necessary of individual welfare but also for the
welfare of the society.
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ABOUT THE THEORY
Like the other concepts of likes, his views about rights has
also gradually changed up to 1985 he was a pluralist & against
the sovereignty of the state as such the felt that rights were
above the state. During this period he up held the theory of
natural rights and felt that these rights were about the state.
Later he felt rights were those conditions of social life,
without which no man could be at his best. He felt that rights
were prior to state. Subsequently he changed his definition about
rights & said that these are fundamental notions of each age. He
now felt that there was no idea of an absolute ethics from which
rights flowed. Then he tried to give historical justification to the
concept of the natural rights. In his book grammar of politics he
has said that rights are those conditions without which are
cannot realize his moral being.
But at last he concluded.
“Rights are those conditions of social life without which no
man can seeks to be himself at his best.”
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NEED
According to Laski rights are most essential and every
citizen must have certain basic rights. He feels that technically
rights are creation of society and state only recognizance’s
conditions them .He also feels that rights are those conditions by
which we develop our. Personality and as such it is the foremost
duty of the state to see that it removes all hindrances which
stand in the way of an individual for his development .He
however says that each rights should have social utility and must
benefit all those for whom it is intended.
According to Laski, rights are not against society but can
be claimed within the society and as such these are not
exclusive but only relative in nature. These are meant for
protection of the members of society. We should clearly realize.
That my rights are the duties of others and in the proper
performance of my duties, rights of others can be honored and
as such each right has some corresponding duty.
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According to Laski nature & CHARACTERISTICS of
rights are.
(1) State is not the source of rights but only recognizes
these :-In the words of Laski, ”the state, briefly, doesn’t
create. But recognizes rights and its character will be
apparent from rights, that is any given period secure
recognition, according to Laski me state is not source of
rights rather it is servant which protects the rights .the
moral basis of the power of state is an the protection of
rights.
(2) State creates conditions for the enjoyment of rights :-
According to Laski, rights are actually demands of man to
the state and state is forced to recognize these rights and
creates proper environment for enjoying them. For
example every person has rights to life and this is the
responsibility of the state to project the life.
(3) Individual has the rights to oppose the state :- Laski felt
that since on individual was an end in itself there fore, he
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had rights against the state. He gives the rights to man to
appose the wrong and unjust laws of the state. He is of the
opinion that the man should not obey orders of the state
blindly.
(4) There are rights which have been recognized and
rights which demand recognized : - According to Laski,
rights are of two types:
i. Rights, which are recognized by the state.
ii. Rights, which claim the recognition of the state.
According to Laski recognition by the state is not
essential for the rights .Its is of the opinion that all
reasonable claims of the individual are rights.
(5) Rights changes with time & situation : -Laski does not
believe in the unchanqable nature of the rights. Citizens of
every country are provided different rights according to the
situations. Slavery which was common in ancient time has
been eradicated in modern times. Similarly the nature of
the rights to property is different in different state.
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(6) Close relationship between rights & duties : - According
to Laski, each a right carries with it a corresponding duty.
An individual cannot develop his personality unless he
feels that he has certain obligation towards others. He
should work on clear principals,” My claim comes from the
fact and share with other in the pursuit of common end,” he
feels with the proper performance of duties o0nly can the
rights be joined.
(7) Equal utility of rights for every body :- According to
Laski ,rights are equally important for everybody .So ,may
should be equally given to every citizen .For
example ,rights to expression is not only for one class but
also for common man.
(8) Everybody must get minimum equality and freedom : -
Laski is of opinion that man needs basic freedom and
equality so that he may increase his slandered in bad
atmosphere even fruits and vegetables get ritten, similarly
if the political atmosphere is suffocation than man cannot
grow his personality.
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THREATS TO RIGHTS
According to Prof. laski there are three main dangers
to the “concept of rights” they are :-
i) Capitalism :- according to Laski, capitalism is an
economic system in which labourers are exploited.
They are not provided adequate wages but are
forced to work hard. The rich man exploits the
poor one and does not give him proper rights.
ii) Fascism :-In fascism one person enjoys
enormous powers and does not bother about the
rights to other persons.
iii) Communism :- Laski is of the opinion that in the
communist countries individual is not given the
right to oppose and dissent and opposition is
suppressed by force. Though in the beginning
Laski was the supporter of communism but later
on he become its rodent critic.
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CRITICISM
Critics say that laski was not a political philosopher. as he was
not consistent in his views. As far his theory of rights is
concerned he is criticized on the following points.
1. State is the source of rights :- Laski believes that is not
the source of rights, it only recognizes them but this is
wrong. Man can enjoy only those rights which are given by
the state. State doesn’t give recognition to every human
demand. State recognition only those demands which are
in favour of social welfare .Man cannot enjoy7 any right
against the will of the state.
2. Individual cannot oppose the state :- Laski also gives
right to revolt against the injustice of the state. But what is
just or unjust, who will decide it? Apart from this if the
individual is given the right to oppose the state .there will
be anarchy in the state and everybody will do whatever he
wants ton do there fore, an individual cannot given they
right to oppose the state.
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3. Recognition of the rights is essential :- According to
Laski ,the recognition of rights by the state is essential .he
regards every legitimated demand as right but all legitimate
demands are not rights. Rights to work is one of the
legitimate demand Indian citizen but this is not a right as
recognized by the state.
4. Different associations cannot be given independent
right :- Laski advocates to give independent rights to
different associations and state cannot withdraw any right
from those associations. if it be true there will be anarchy
everywhere. Every association will have its own
independent rights and there will be problem of co-
ordination among those.
5. Different associations cannot be given status equal to
the state:- Laski considers state as one of the associations
but this is not so. state is a supreme association and it
fulfils many demands of the society where association can
meet any partial demands.
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IMPORTANCE
In spite of the criticism Laski’s theory of right is considered
to be the most appropriate theory of the rights. He does not
make status absolute. He also provides with the safeguards of
the protection of rights.
This theory is appreciated even today because of the
following points:-
I. Laski has given importance to the social aspect of rights
and he considers rights essential for overall growth of man.
II. Laski is against the absoluteness of the state and
according to him state is not source of rights state only
recognizes these right.
III. He warns against the dangers to the rights.
IV. Laski accepts the importance of associations and
organizations within the state.
V. The describes about the security measure to be adopted
for the safe guard of rights.
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There for people treat him as a great thinker and
philosopher. Even today he is read & listened with great
respect.
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CONCLUSION
From all the matter, are we can conclude that his general
concept is that rights are necessary conditions for development
of human personality and a source of human happiness. The fact
of his theory of rights was that he has placed rights above the
state. Laski worked on the basic assumption and principal. That
individual is an end and as such the state should only be means
to an end.
He feels that with proper performance of duties only
can the rights be enjoyed and in words of Laski, ”Maintence of
rights is much more habit and tradition than the formality to
enactment .”Right have there fore not one but two sides. He has
stressed on the sound principal that rights & duties must go hand
in hand.
Basically his theory was a fine mixture of
individualism & socialism .Being individualist he is in favor of
giving to man the freedom to speech and expression ,person
freedom religious freedom and being a socialist Laski is the
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supporter of the right to work adequate wages and of social
security to man. But he is not in favor of giving any right against
social interest.
Although Laski was a liberalist thinker but he did not accept
most of the concepts of liberalists. He started as a pluralist but
ended as Marxist . Marx’s influence on him was immense. he
agreed with him so far as his ideas about capitalism & private
property were concerned. But he differed from him in his ideas
about working clear improvement centralization of authority use
of violence or materialistic he conception of history were
concerned .He also differed from Marx in details of his basic
principal and methods of implementation.
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