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Political Science Notes

The document provides an introduction to political science, exploring the definition, nature, and various approaches to understanding politics. It discusses the distinction between traditional and contemporary approaches, emphasizing the importance of behavioral analysis and the role of institutions in shaping political dynamics. Additionally, it outlines different theories of politics, including individual interest theory, Marxist theory, and the concept of governance, while highlighting the complexities of political definitions across different contexts.
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0% found this document useful (0 votes)
18 views82 pages

Political Science Notes

The document provides an introduction to political science, exploring the definition, nature, and various approaches to understanding politics. It discusses the distinction between traditional and contemporary approaches, emphasizing the importance of behavioral analysis and the role of institutions in shaping political dynamics. Additionally, it outlines different theories of politics, including individual interest theory, Marxist theory, and the concept of governance, while highlighting the complexities of political definitions across different contexts.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

INTRODUCTION TO

POLITICAL SCIENCE
Class Notes and Material
Introduction to Pol. Sc. Notes Shreya Jayakumar

1. Module 1
Definition of Politics – Haywood
Nature of Politics (behavioral approach – David Easton)
Introduction
What is politics? – power – struggle for power – what goes behind decision making – different
group interests coming together to shape the policies of a nation, or even an individual.
From this, it can be said that Politics is a philosophical understanding of society.
How then is politics, science? – there has been a behavioral shift, people want to understand
politics in an academic setup. Hence, it is not possible to rely on philosophies that are unverified.
To develop certain principles that are verified and remain true throughout time as are scientific
principles, and apply that to something as dynamic as politics, a systematic approach of studying
it is necessary. Hence, data collection forms a crucial step in understanding politics.

While some argue that politics is purely a public sphere, some also argue that since the result of
politics (policies) impact the personal sphere (personal lives) such as who can marry who, who can
do what, what can be done, domestic violence, etc., politics is not purely public.

READING 1 – THINKING POLITICALLY ADRIAN LEFTWICH


There are two broad approaches in defining what politics is:
➔ The Arena/Site Approach: politics is an activity found only in certain societies (those with
states), and in certain institutional sites/processes within those societies.
➔ The Processual Approach: politics is a more universal process which has existed wherever
human species has been found (it is a characteristic and necessary feature of all societies,
past and present). => stateless societies have politics too.

Why should politics be defined?


➔ Students studying political science must know what they are studying. However, since
different regions have different forms of politics, what politics is for some may not be the
same for others. For example, a student studying politics in US and UK might have a vastly
different idea of what politics is and how it operates.

Even within the same country, different institution’s students have different opinions on what
politics really is.

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Such a problem may not arise for medical students. (Even though they learn region specific
diseases and probably pay more attention to what haunts their society the most, they would still
have a general knowledge that is applicable everywhere.)

The same way, there exists certain basic elements of politics that remains the same regardless of
institution and region that helps people uncover the basic principles upon which a nation’s politics
is really built.

➔ The method to approaching politics also becomes important. For example, in South
Africa, even though there were protests and demands for dismantling the apartheid system,
no change was initiated by the government till the 1970s. However, as soon as the
government changed in the 1980s, the apartheid system was dismantled and a new South
Africa was born.

With this example in mind, there are two different approaches to politics; the Structure approach
and the Agent Approach.

The Structure approach focuses more on broad features like social, economic and political
structures within society.

The Agent Approach focuses more on the role of individuals in shaping political change.

For example, in a newspaper article, it was mentioned that richer countries have lower corruption.
This example is more structure approach inclined, as it establishes the situation of a state based on
its economic standing.
However, taking the example of South Africa itself, if there were different leaders at that time of
independence, the outcome might have been different. This is more inclined to the agent approach.

Agents act/do within their structural constrains.

So now, politics is:


◼ Individual Interest Theory: A market place in which people pursue their interests in
such a way as to maximize their benefits and minimize their costs.

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This theory assumes people to be rational and calculating their interests and advantages to choose
a particular course of action to achieve desired ends under a limited resources and unlimited wants
constrain.

For example, in South Africa, due to the existence of a political monopoly, it made better sense
economically to retain the whites in power and let the apartheid system continue, as it generated
low costs and high standard of living. South Africa, thus, appeared to be stable, and dismantling it
surely would create problems to this stability. Hence, the whites were against dismantling the
apartheid system.
However, as tensions grew and internal resistance became higher, the costs of maintaining such a
system grew to become much higher and the benefits no longer applied. Hence, the stability the
whites wanted was no more achieved.

So then, it can be said that the apartheid system collapsed because of elite members from both the
parties (agents) that collectively wanted their interests to be satisfied and hence, realized that the
only way to achieve this interest is by coming into a deal with the other side.

◼ Marxist Theory/Class Conflict Theory: The Marxist concept of politics however holds
that politics is a class conflict. Hence, if there existed no classes, there would be no
conflict and hence, no politics.

Taking this definition and applying it to our example of South Africa, it is clear that the whites, in
creating a successful racist capitalist system, had created the very ideology and class that would
threaten the same system.
As the division between the whites and blacks became more and more apparent, the concept of
class division lead to black radicalism which promoted them to fight for their interests.

Hence, according to Marxists, collective interest was a more dominant feature of politics than
individual interest.

◼ Governing Theory: Lastly, some people say politics is about Governing.

Government vs. Governing


Govt refers to a formal institution used to govern that not all societies have.

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However, every society has some method to govern themselves. Whether it is private or public
sphere. Governance is the widest term of all, which signifies a web of formal or informal
institutions, rules, norms and expectations which govern behavior in societies (and without which
human society is impossible)
Hence, politics is about governing, and not the government.

Hence, institutions play the maximum role in shaping politics. => institutions are the rules to the
game of society. Society has various spheres: cultural, social, economic and political.

Institutions (rules), by prescribing predictable ways of behavior, reduce uncertainty about how to
act in diverse situations. The outcome of any revolution is not abolishing these institutions, but to
modify them to fit the current needs.

Institutions can be formal and informal.

 Formal institutions govern the conduct of organizations (companies, armies, etc.)


 Informal institutions are looser, like customs, unwritten rules, generally agreed way
of doing things, etc. For example, greeting someone by shaking their hand is
common in the States, but folding your hands in a namaste is common in India.

One institution may affect/influence another. For example, the political institutions by created a
set of laws impact the Market (demand and supply).

Applying this to our example, there was a significant increase in tensions between the two major
institutions in South Africa.
This was because, a massive political influence (by the whites) had interference in the economic
institutions of the markets of land, labor and capital.
The rules made for these markets allowed them to have the power to discriminate people based
on colour. This worked remarkably at first, but soon conflict arose between the two institutions,
which lead to damage.
Which means, restrains on political and economic freedom strangles economic growth.

➔ Is politics a process or arena?

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Arena approach is narrower (state and its branches) as only govt defines goals and policies that are
binding for the entire society. Hence, politics according to the arena approach is the activities that
lead up to this binding decision.

The process approach is much wider, and deals with the activities and relations of public
institutions, and even in families or voluntary associations. And politics then is also found in
stateless societies, and between any two individuals who share questions on power, control,
decision making and resource allocation.

➔ Is politics extensive or limited?

Some institutional approaches limit politics only to formal or public govt activities. Only when the
govt interferes in private spheres, that particular sphere is considered political.

However, some other institutions take a broader approach. These people consider the interaction
between private and public spheres, formal and informal, to be politics.

“That is, the politics of governance, in this overarching sense, refers to the whole web of political
relations between all the institutions which together ‘govern’ social, economic and political life in
a society and this would obviously include government, courts, private organizations like banks,
chambers of commerce and industry, trade unions, professional associations like doctors’
organizations, as well as the prevailing norms, ideologies and cultures within the society”

➔ Is politics a science or an interpretation?

There are many political scientists whose works attempt to identify and measure the factors which
make for good governance. By reading such works (which mainly focus on corruption as a topic),
it is clear that there are certain general patterns that shape politics.

There are also many political analysts that call politics both, a science and an interpretation. (as
every approach, even though somewhere similar in nature, take on a different element and focus
on that).

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READING 2 – NATURE OF POLITICS


Difference between method and approach:
Method: way of doing something, procedure to inquire about something which can draw
conclusions
Approach: deals with not only how to inquire, but also what to inquire.

"In brief, approaches consist of criteria for selecting problems and relevant data, whereas methods
are procedures for getting and utilizing data."

Traditional and Contemporary Approaches


Divided by period; those up till the end of second world war are traditional and those after that
are contemporary.
Traditional Approach is dominated by the study of philosophy, history, law and institutions and
hence, the methods for this approach are philosophical, historical, legal and institutional methods.

Contemporary approach is more dominated by studying the behaviour of politics and hence is also
called behavioural approach. The scientific method is used in this approach.

Empirical and Normative approaches:


Empirical approach seeks to discover practices. It focuses more on what is already present. This
also focuses on the things that can be sense experienced, and can be verified through repeated
observation. It is objective. It is highly descriptive. It is validified through the check of True or
False.
The Normative approach seeks to prescribe values. It focuses more on what should [Link] expresses
preference for a particular type of order as dictated by a sense of duty, universal need or by
commitment to a moral principle or ideal. It cannot be verified by sense experience. It is
subjective. It is highly prescriptive. It is validified through the check of Right or Wrong.

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TRADITIONAL APPROACHES
1. Philosophical Approach
It is concerned with the clarification of concepts used in a particular discipline.
It aims at evolving standards of right and wrong.
It involves a moral reasoning which cannot be put through a scientific test.
It is questioned with modern consciousness.
For ex., Aristotle defended slavery. Kant however, applied modern consciousness and came up
with a theory of Human Dignity which rules out any concept of slavery.

Hence, this approach keeps evolving and debunking the political thoughts of the past.

It can be said that this theory is based on limited political obligation, and hence the leads to the
birth of individual rights, freedom, equality, justice, etc. However, the negative sides to this
approach are authoritarianism, totalitarianism (completely centralised govt) and fascism (similar to
centralised and authoritative govt).

2. Historical Approach
Process of arriving at laws by analysing historical events. It is an attempt at understanding politics
through a historical account of what political thought was.
According to thinkers in this approach, it is necessary to understand the situation in which a
particular concept was born to understand why it is relevant in the present times.

Criticisms:
It is not possible to understand the ideas of past ages.

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Ideas of the past cannot be the guide to solve present day problems (as they are beyond the
comprehension of thinkers who propounded the past theories).

3. Legal Approach
It is an attempt to understand politics through law. For ex., to understand Indian politics, it is
important under this approach to understand the constitution of India and its various legal
implications, and understand the legal position of the two houses, procedure of election and
appointment, their powers, the roles of various branches of the govt, etc.

Criticism:
This approach is inadequate to understand the behavioural reasons for why certain things happen
the way they do.

However, all political process (to become effective) culminates in procedures controlled by law.
Hence it is an important procedure in the study of politics.
4. Institutional Approach
It is the study of the state and government, the institutions which have a direct bearing on politics.
An institution is a set of offices and agencies arranged in hierarchy, where each office or agency
has certain functions and powers.
Under this approach, the organisation and functioning of the govt and its various organs are
studied.

Classification of govts:
Aristotle: Monarchy (monarch as head of govt), Tyranny (Cruel and Oppressive form of rule),
Aristocracy (power held only by nobility), Oligarchy (govt controlled by a small group of people),
Polity (civil govt with constitution) and Democracy (govt through elected representatives)
Modern: Democracy, Dictatorship (head of the govt is a dictator), Parliamentary and Presidential,
Unitary and Federal

Levels of govt: federal, state, local

Branches of govt: executive, legislature, judiciary

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Hence, it can be called an approach falling under empirical approach, that is more similar to
historical approach, as it focuses more on facts.

Criticisms:
It fails to take into account the individual, and hence the study of behaviour and what affects
voting pattern did not fall under this approach.
It does not focus a lot on international politics and its effects on internal politics
It neglects the role and potential threat of violence
Neglects the role of informal groups in shaping politics

CONTEMPORARY APPROACHES
1. Behavioural approach
Is the analysis and explanation of political phenomena.
Classical economists had treated man as a rational man whose political actions were guided by
reason and self-interest.
New Psychology revealed that man was not a rational creature and his political actions were not
totally guided by reason and self-interest, as human nature was too complex to be explained by
simplistic utilitarian propositions.

Hence, according to Wallas, political process can be understood only by analysing how people
behaved in a political situation, not by speculating how they should or would behave.

This approach called for a shift of focus in the study of politics from normative to political
behaviour (behaviour of power holders, power seekers and voters).

Hence, political behaviour is, “an area of study within political science, is concerned with those
aspects of human behaviour that take place within political contexts, that is within a state or other
political community, for political purposes or with political motivation.”
It is focused on the individual, but takes into account the effects of the group on the individual’s
behaviour.

According to David Easton, the intellectual foundations of behaviouralism consist of eight major
tenets:

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• Regularities: It implies that there are discoverable uniformities in political behaviour which can
be expressed in theory-like statements so as to provide for explanation and prediction of political
phenomena.
• Verification: It requires that the validity of such theory-like statements must be testable, in
principle, by reference to relevant behaviour.
• Techniques: It means that the means for acquiring and interpreting data should be examined self-
consciously, refined and validated for the purpose of observing, recording and analysing
behaviour.
• Quantification: It is necessary because precision in the recording of data and statement of
findings requires measurement which should be expressed in terms of actual quantities to facilitate
proper analysis.
• Values: The behaviouralists drew a clear distinction between ethical evaluation and empirical
explanation, which were concerned with values and facts respectively. They insisted that objective
scientific inquiry has to be value-free or value-neutral.
• Systematization: It stands for establishing close interrelationship between theory and research,
because research untutored by theory may prove trivial while theory unsupportable by data may
turn out to be futile.
• Pure Science: It holds that the understanding and explanation of political behaviour is essential
to utilize political knowledge in the solution of urgent practical problems of society.
• Integration: It signifies integration of political science with other social sciences in order to evolve
a comprehensive view of human affairs, to strengthen its validity and the generality of its own
results.

This method focused on micro-level situations rather than macro-level generalisation.

2. Post-Behavioural Revolution (PBR)


Critics of behaviouralism pointed out its failure in coming to terms with normative issues. Its
adherence to pure science became responsible for its failure to attend to the pressing social and
political issues of the period of 1960s.

To change this, David Easton spoke about a shift from strict methodological issues to discipline
and political problem resolution with post behavioural revolution.
Hence, the slogan of PBR was relevance and action.

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PBR is not a complete departure from behaviouralism. It is rather a consolidation of the gains
from behaviouralism and applying them for problem solving and crisis management.

MODELS OF POLITICAL ANALYSIS

What is political analysis?


Politics is recognised as a process. Any process has components.

Steps in political analysis:


Step 1 - Identification of these components and deriving relevant data
Step 2 – arrange data according to interrelationship between them.

1. Systems Analysis
It relates politics in terms of political systems.
However, systems here does not mean individuals constituting the govt or its organs, more like
abstract elements interacting with each other in the sphere of politics.

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David Easton is the pioneer of systems analysis. In David Easton's terminology, the 'political
system' receives 'inputs' from the 'environment' in the form of 'demands' and 'supports'; it
produces 'outputs' in the form of 'policies and decisions'. The 'outputs' flow back into the
environment through a 'feedback' mechanism, giving rise to fresh 'demands', etc
So, demands are the raw materials using which the finished products called decisions are produced.

Demands arise from people, politicians, administrators, opinion leaders, etc.


The extent of support varies depending on the expectations of people from the political system.
This variability affects the destiny of political systems.
Outputs are produced by political systems through special processes that ensure their acceptance
as binding by most members of the society.

Feedback mechanism is expected to adjust outputs to inputs.


Not all demands have outputs.
→ structure mechanisms such as pressure groups and political parties will assume the role of
gatekeepers and allow only legitimate demands to enter the political system.
→ cultural mechanisms will ensure that only right type of demands which enjoy social approval
will be encouraged.

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READING 3 – POLITICS, GOVERNMENT AND THE STATE (MOST IMPORTANT READING


FOR DEFINITION OF POLITICS)

‘What is politics’ is not easily answered. It is an ongoing debate. Questions that surround it are:
➔ Is politics restrained between the govt and state?
➔ Does politics occur in social life within families, schools, colleges and workspaces?
➔ Is politics a corrupting and dishonest activity, or healthy and ennobling?
➔ Can politics be brought to an end? If yes, should it be?

Other questions revolving govt:


➔ Does a society need a govt to be stable?
➔ How does govt relate to the political system?
➔ Is govt and state the same, or do they have differences?
➔ Is the state power favouring the interests of citizens, or biased in favour of elite/ruling
classes?

POLITICS
It has many definitions:
➔ Exercise of power/authority
➔ Process of collective decision making
➔ Allocation of scarce resources
➔ Arena of deception/manipulation

Characteristics of politics (that are agreed upon by all thinkers):


➔ It is an activity
➔ It is a social activity (arises out of interaction between people)
➔ It develops out of diversity of opinions, wants, needs and interests
➔ It is the expression of differing opinions, competition between rival goals and a clash of
irreconcilable interests.
➔ It is about collective decisions that are sometimes binding upon a group of people.

If there is harmony of interests, there is no politics.


Features of politics:
➔ It is found in formal institutions (govt) and the activities that take place there in

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➔ It is linked to public life and activities


➔ It relates to distribution of power, wealth and resources.

THE ART OF GOVERNMENT


‘Politics is an art of government through the exercise of control within society through making
and enforcing collective decisions.’ – Bismarck
Politics as decision making:
➔ Politics derived from polis (city-state) in Greek.
➔ In Ancient Greece, the Athenian society was based on a hierarchical system which included
only the elite class in decision making for the entire majority, thus excluding the majority.
➔ From this, it can be said that politics is what concerns the polis, or, what concerns the
state.
➔ From common perception of the word, (like when someone wants to hold office they are
said to enter politics), it is clear that politics is looked upon as an exercise of authority, the
right of a person to make decisions on behalf of the community.
➔ Thus, politics takes place within a polity (a system of social organisation centred upon the
machinery of govt).

Criticisms:
➔ By this definition, politics takes place only in the govt, in the legislative chambers and other
organs of the govt.
➔ Most people can then be excluded from this definition as engaging in politics.

Politics as a means to decision making:


➔ It is looked upon as resolving conflict by compromise, conciliation and negotiation.
➔ It is “that solution to the problem of order which chooses conciliation rather than violence
and coercion” – Bernard Crick.
➔ It is not the utopian solution
➔ It recognises that human beings cannot solve problems by compromise they will resort to
violence.
➔ Through common usage of the word, a political solution means negotiation and rational
debate, and a military solution means resorting to brute force.
➔ Hence, it reflects that politics is consensus rather than conflict.

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➔ In common usage, politics is also a dirty word that means deception and dishonesty as a
means to bring a faux compromise to achieve one’s personal interests.

PUBLIC AFFAIRS
➔ Politics is beyond just the govt
➔ Aristotle “man is by nature a political animal”
➔ A human can live a good life only within a political community.
➔ Hence, politics is a master science that creates a just society, and hence, concerned with all
public bodies like the govt, trade unions, community groups, etc. but it does not touch the
private domains like family, home, personal relationships, etc.
➔ People are intimidated when politics touches their personal lives.
➔ The difference between state and civil society: state includes only the govt and its organs,
however, the civil society includes all those other institutions that operate in the public
sphere.
➔ Politics exists in the civil society
➔ Socialists believe in the need of state’s responsibilities to extend to civil society as a solution
to economic injustice.

POWER AND RESOURCES


➔ Radical definition of politics
➔ It exists in every corner of human existence.
➔ It is based on the theory that human wants are unlimited and resources are scarce.
➔ This also means that politics is not just negotiation, it also includes intimidation, threats
and violence.
➔ “War is nothing more than the continuation of politics by other means” – Clausewitz
➔ Hence, politics is power; the ability to achieve a desired outcome through whatever means.
➔ According to Marx, politics did have an end; in a classless, communist society.
➔ Feminists argued that “personal is political” as women have been confined to the personal
sphere, and men to the public.
➔ “Politics is also looked upon as power structured relationships whereby one group of
persons is controlled by another.” With this definition, it is possible to see politics in
families, employers and workers, etc.
➔ Politics then can be found on varying levels; the lowest level being that of personal, family
and domestic life. The second level is the community, workspace, public institutions and

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business corporation. The third level is then the national level, institutions of nation-state,
political parties and pressure groups. The final level is that of international politics,
concerned with cultural, economic and diplomatic relationships between nation-states, and
other bodies like UN, EU, multinational companies, NGOs, and international terrorists.
➔ Politics then is everywhere.

READING 4 – THE RELATIONSHIP BETWEEN LAW AND POLITICS


Refer the previous reading for the difference between institutional, normative and process
definitions of politics.
The author in this paper argues that there is no real difference between law and politics. To prove
this, he uses the same 3 definitions of politics to define law.
Institutional perspective: there exists the legal field in institutions (such as courts and prosecutors
office) and the application of law happens in these institutions.
Normative approach: law is the creation of general and individual legal norms (what is accepted
legally and what is not)
Process approach: there are various procedures in the legal field that are required to be followed.

The main similarity between law and politics: they both encourage in some ways and supress in
some ways the development of social relations, and they function to bring about justice and order.

The main rule framer (the parliament and legislature) is an extremely politicised body. How then
could it be that the judiciary is independent of such politics? There is some political influence in
courts, just as the legal system limits the extent of politics and directs it.

1. Law and Politics Relationship:


Seen as emanations of the same entity, with their separation being a consequence of human
perception.
The distinction is considered illusory from a deeper ontological perspective.
2. Politics Dimensions:
Institutional: Involves state and non-state entities.
Normative: Focuses on societal values.
Process-related: Concerned with forming political will through power dynamics.

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3. Law Dimensions:
Institutional: Involves courts and legal bodies.
Normative: Involves the creation of legal norms.
Process-related: Involves legal procedures like legislation.

4. Definition of Law:
Law is defined as a value-normative system established by the state to maintain justice, order, and
resolve societal conflicts.

5. Role of Law and Politics:


Both have a progressive and safeguarding function.
They influence societal development, balance justice and order, and set boundaries for each other.

6. Factors Contributing to Autonomy of Law:


Formal Aspects: Generality, abstractness, formalism, and systematicity.
Professionalization: Role of a professional legal community.
Value-Related Tradition: The historical values and traditions of the law.

7. Autonomy of Legal Language:


Legal language adds to the autonomy of law.
It is a specific language system that other fields (politics, economics) must adapt to.

8. Relationship Between Law and Power:


Force is inherent in legal norms but needs alignment with politics, morals, and societal values for
effective realization.
The law is considered a system of rules about force, requiring external factors for its effective
implementation

I. Introduction:
Goethe's quote on progress having an objective orientation.
Oscillatory and dualistic perception accompanies human development.

II. The Static and Dynamic Nature of Modern Law:


Need to transcend current time and space in studying law.

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Balance between static and dynamic aspects crucial.


Static aspect: Illusory idea of objectively definable legal substance.
Dynamic aspect: Understanding socially conditioned legal development.
Psychological factors influencing the perception of legal substance.

III. Differences Between Law and Politics:


Law and politics share normative orientation but differ in concretization.
Politics more adaptable, flexible, less predictable, influenced by power.
Legal norms seek a balance between rights and duties, protecting individual rights.

IV. The Relationship Between International Law and Politics:


International law is relatively autonomous but subject to political influence.
Differences between international law and politics are a matter of degree.
Importance of striving for the autonomy of international law amid political influences.

V. Conclusion:
National and international law function as goals, means, or obstacles in relation to politics.
Politics can define legal values as its goals, treat law as a means, or an obstacle.
Preserving the autonomy of law crucial, avoiding a strict separation between friend and enemy.

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2. Module – 2
READING – 1 – LIBERALISM
Introduction
Liberal – comes from Latin ‘Liber’ meaning class of free men (who were neither serfs nor slaves).
First employed in Spain, 1812.
Liberalism – looking at humans as individuals with reason. It is a desire to construct a society
where in people can satisfy their interests and achieve fulfilment.
Two kinds of liberalism:
1. Classical: minimal state (only maintenance of domestic order and personal security.
2. Modern: state should help people help themselves.

Origin and Development


➔ Even though traces are only found in 19th century, the idea has been argued to have
developed over 300 years ago (in agricultural societies where people were forced to live
with strangers and trade with them)
➔ But the idea of liberalism started only when European Feudalism (a system wherein people
were given land and protection by a higher rank of people, and the lower rank of people
fought wars for the higher rank in return) broke down, and the capitalist market emerged.
➔ Liberalism was the aspirations of the middle class (whose interests were conflicting with
monarchs and aristocrats). It was radical and even revolutionary (French Revolution,
English Revolution, American Revolution had elements of liberalism even if the term was
not used)
➔ Liberal ideas spread along with industrialisation in the 19th century. Such a liberal system
in industries developed first in the mid-eighteenth century in UK, then in North America,
and then to Europe. The capitalist industry idea then spread to Africa, Asia and Latin
America in the 20th Century.
➔ Developing States have resisted capitalism as their culture is ‘community’ and not
‘individual’. In these states, socialism, nationalism and religious fundamentalism has been
fast growing ideas. => liberalism is a western ideology
➔ Liberalism has seen fast moving changes in ideology (after achieving pollical and economic
dominance of rising middle class). Hence, liberal ideas became highly conservative (became
more about maintaining the existing idea of liberalism than for advocating for change and
reform)

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What did the liberals want?


➔ Challenged the ‘Divine Right of Kings’ and wanted to replace absolutism with
constitutionalism and later, representative government.
➔ Challenged the concept of ‘accident of birth’ where social position is based on birth.
➔ Challenged authority of established church and advocated for ‘freedom of conscience in
religion.’
➔ Advocated for industrialised and Market Economic order free from government
interference so that businesses can freely pursue profits.

Themes of Liberalism
Primacy of the individual, Personal autonomy
Strives to allow each individual to pursue their definition of what is ‘good’ but does not define
what is good in general. Hence, it is a ‘meta-ideology’ (body of rules that lays down grounds on
which political and ideological debate can take place)
It favours openness, debate and self-determination, and a moral thrust.
1. Individualism
As feudalism was replaced with capitalism, individuals had a lot of choices, and were encouraged
for think for themselves. Choice of whom to work for, etc.

Immanuel Kant: thought of individuals as ends in themselves, and not means to an end.

This theme has two viewpoints:


Focusing on each individual’s uniqueness
Each individual shares the same status (that is, they are all individuals only.)

Atomism:
This thinking leads to another thinking by some liberalists which is that society is merely a
collection of individuals seeking to further their interests (self-sufficient and self-interested
people).

Egoism:
One’s own welfare is an ethical priority.

Some other liberal thinkers believe that egoism is toned down by social responsibility.

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2. Freedom
Individual Freedom/ Liberty.
Early liberals thought this was a natural right. Leads to choices: of where to live, whom to work
for, what to buy, etc.

Later Liberals: it is the only condition in which people are able to develop skills and talents.

Liberals agree that it is not an unconditional right. – it becomes a license to right to abuse others.

John Stuart Mill: ‘the only purpose for which power can be rightfully exercised over any member
of a civilized community, against his will, is to prevent harm to others.
Mill accepts the bare minimum restrictions on individual freedom.

According to Mill, actions can be:


a. Self-regarding: regarding the individual, in which he should have absolute freedom.
Mill did not believe in the idea of interference in freedom in order to protect one from
causing harm to himself. (this suggests that even laws forcing one to put on seatbelts
and helmets is a form of censorship.)
b. Others-regarding: these actions can be restricting the freedom of another and hence
leading to damage.

John Rawls: everyone is entitled to the widest possible liberty consistent with a like liberty for all.
– radical libertarian (can even defend right of people to consume hard drugs like cocaine and
heroin).

Freedom can be of two types:


i. Negative Freedom: Believed by early/classical libertarians. Each person being left
alone and free from interference. (absence of external restrictions or constrains)
ii. Positive Freedom: Individuals ability to develop skills and talents and be
autonomous. Self-realisation to develop human capacities.

3. Reason
Talks about releasing mankind from ignorance and exposing them to the age of reason.

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It says that human kind are rational and are capable of pursuing their own interests (and
determining what is in their interest). Hence, this concept is against paternalism (protection of one
from himself by a superior, like that of a father).
Paternalism prevents one from making his own choices and gives the superior power to use his
authority arbitrarily. Hence, does not conform to liberty.

Liberal view: human kind is based on progress in terms of ability to explain their surroundings and
help shape it for the better. What enables progress is education. Hence, the power of reason
enables people to break away from the grip of customs and traditions and bring about social
advancement by making choices that are not shackled by superstitious beliefs.

Reason also allows for discussion, debate and argument. Liberalists believe that humans are reason-
guided, but at the same time, self-interested and egoistical. This is the cause of conflict.

But this conflict can be solved by discussion and debate, which reason allows for, that is, is the
argument of the rival ‘reasonable’? hence liberals look at war/violence as the very last option on
the table. Use of violence is acceptable in self-defence and resisting oppression.

The following people talk about reason in liberalism:

Jean Jacques Rousseau


Immanuel Kant
Adam Smith
Jeremy Bentham

4. Justice (foundational equality, formal equality, equality of opportunity)


➔ Moral judgement in the distribution of rewards and punishment.
➔ Humans are born equal (as individuals) – foundational equality
➔ Hence they have a formal equality – every human has the same formal status within society
i. Legal equality – equality before law
ii. Political equality – one person, one vote; one vote, one value.
➔ Hence social privileges based on race, caste, gender is looked down upon by liberals.
➔ Liberalism is difference blind.

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➔ This should lead to equality of opportunity. – each person should have the same chance
to rise and fall in the society. (different from equality of outcome)
➔ Equality, for a liberal, means that individuals should have an equal opportunity to develop
their unequal skills and abilities. – leads to meritocracy (a society in which a person’s social
standing is defined by merit) as if it is based on birth, it would be luck egalitarianism (as
birth is not controllable)

Classical liberalists believe that society should be strictly based on meritocracy (and not social
equality, as unequal cannot be treated equally). Modern liberalists believe in social justice which
leads to social equality (John Rawls – economic inequality is only justifiable if it advantages the
poorest in the society)

5. Toleration
➔ Willingness to accept and celebrate diversity and differences.
➔ When it is said that liberalism believes individualism, there is a level of pluralism (A belief
in diversity or choice, or the theory that political power is or should be widely and evenly
dispersed). But Liberalism is rooted in toleration, which is, ‘I detest what you say but will
defend to the death your right to say it.’
➔ Hence, liberty is the autonomy of opinion
➔ J S Mill – only in a free market of ideas the truth will emerge (as good ideas are replaced
by bad ones). This according to Mill was threatened by democracy (where only what the
majority says goes) “If all mankind minus one, were of one opinion, and only one person
were of the contrary opinion, mankind would be no more justified in silencing that one
person, than he, if he had the power, would be justified in silencing mankind.”
➔ Even in a situation of differing interests, there is a deeper harmony and balance. For
example, workers want better pay, employers want better profits. But, workers need a job
and employers need workers. => each groups interests are achieved by achieving another
group’s interests.
John Milton and John Locke – defend religious freedom

Liberalism, Government and the State


1. The Liberal State

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➔ Each person is a threat to and under threat from every other individual in a society where
there is no law and government. Hence, liberals disagree with anarchists that there should
be no law and government (state of nature).
➔ Hence true freedom can only exist under the law. John Locke, “Where there is no law
there is no freedom.”
➔ This is the basis of social contract theories

Social contract theory is based on two liberal ideas:


➔ Political authority comes from below (for the individuals, by the individuals) – right of
rebellion exists with people
➔ The state is a neutral umpire in society – state applies the agreed ‘rules of the game’ of the
people.

2. Constitutionalism
➔ Liberals believe in need for government, but also believe government is a threat to
individual freedom. Hence, government must be tamed from using its power arbitrarily.
➔ A constitution has the rights, duties and powers of various institutions of the government.
(hence, it is the rules that governs the government)

How does constitution ensure freedom of individual?


i. Through Legal Constrains
a. Through a written constitution that has all the rules (like US Constitution)
b. Through a bill of rights that has rights of the people against the government (Like
France)
c. Through rule of law principle, which checks government power. (Like UK)

ii. Through Internal Constrains


By creating a network of checks and balances, “as power should be a check to power”.
(Montesquieu)
a. Separation of powers (L/E/J) – esp. judiciary as it interprets law, and hence must
be free of political influence.

3. Liberal Democracy
➔ Regular and competitive elections

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➔ Universal Suffrage
➔ Political Equality (one person, one vote, one value)

Problems of Liberalists with Democracy:

a. Majoritarianism: However, democracy can crush individual liberty as it is basically majority


rule. Hence the best way to deal with majoritarianism is through checks and balances,
where even minority rights are upheld.
b. Political Wisdom: However, how the government is chosen is also a problem. Uneducated
focus more on their benefit from the government, educated focus more on good for
others. Hence it is easy for politicians to appeal to the basest instincts of the masses and
get elected, thus destroying a civilised society.

Arguments for Democracy:


a. It is based on Consent
b. In the absence of democracy, there is brutality. Hence it is the highest and most
harmonious development of human capacity.
c. It promotes consensus among a society with diversity in opinion.

Classical Liberalism
Linked with the emergence of Industrialist Capitalism
Themes:
➔ Egoistic individualism (individuals are self-centred), hence society is atomistic.
➔ Negative freedom – freedom exists only when external constrains are absent
➔ State is a necessary evil (necessary – promotes orderly existence, evil – poses a threat to
liberty)
➔ Civil society is a mark of balance and equilibrium.

Doctrines:
1. Natural Rights
Rights are natural (invested by god by birth) – inalienable. They cannot be taken away. They are
given to every human.
Limited government: job is to protect ‘Life, Liberty and Property’ – which are natural rights of
people. Other issues and responsibilities are private and state need not interfere.

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Locke thinks Life Liberty and Property are natural rights, Thomas Jefferson believed Life Liberty
and Pursuit of Happiness.

2. Utilitarianism
➔ Doesn’t believe in natural rights
➔ Humans are self-interested people. Interest – desire for pleasure, happiness, wish to avoid
pain – which are calculated in terms of utility.
➔ Hence rightness of an action can be determined by how much it promotes happiness to
the greatest number of people (as only an individual can truly know for himself what makes
him happy).
➔ No paternal figure (like a state) can propose what is good for individuals.
➔ What is morally right is what provides pleasure for an individual (who is the sole judge for
himself)
➔ However, this is very similar to majoritarianism and hence also problematic.

3. Economic Liberalism (Laissez-Faire Individualism)


➔ Against Mercantilism: government interference in economic sphere
➔ Economy is a market which operates according to wish and desire of free individuals.
➔ Even if individuals in the market are self-interested, no individual controls the market. The
forces of demand and supply control the market.
➔ Hence the market is self-regulating, and hence should be free of govt interference.
➔ Free Market (free from interference of govt) is based on Laissez-Faire (which means leave
to do)
➔ Hence this leads to Market Fundamentalism (the idea that the market forces have all
solutions to economic problems and hence, social problems)

4. Social Darwinism
Those who help themselves rise to the top, while those who are lazy do not.

Darwin: every species undergoes changes that make some pro-survival. Hence, nature chooses
which sections of people are to survive and which are not to survive.

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Spencer: Survival of the fittest. More fit people rise to the top, less fit go to the bottom, where
they are ought to be. Hence government should make no effort to reduce the parity in wealth,
social position, and political power.

Modern Liberalism
In changing circumstances, capitalism increased the gap between the rich and the poor, and hence
the poor had no liberty at all.
The concept of minimal state could not solve this problem.
Modern Liberalism has been viewed in two ways:
➔ As a break from CL – a shift from individualism to collectivism
➔ As a marriage between CL and ML that rectifies the tensions in the previous thought.

Ideas of Modern Liberalism:


1. Individuality
➔ What distinguishes one from others
➔ JS Mill – an individual is sovereign over his mind and body. While liberty comes from
absence of constrains, it also comes from the ability to take control of one’s life (autonomy
to achieve self-realisation). – hence both positive and negative freedom is essential.
➔ Was against utilitarian ideas: policies are not strictly pleasure giving or non-pleasure giving;
some are more pleasure giving and some are less pleasure giving too.
➔ So the question is not pleasure, but of self-development. Can a policy develop an
individual?
2. Positive Freedom
Capitalism has given rise to new forms of poverty and injustice.

Negative freedom gives employers the freedom to hire the cheapest labour and starve the
underpaid people. It only acknowledges the physical constrains to freedom.

Hence, in its place, positive freedom must be adopted, which is the ability of an individual to realise
his true potential. It also acknowledges that freedom maybe threatened by existing inequalities and
social disadvantages.

Hence, in place of a minimal state (which was a concept arising out of negative freedom), the state
must be an enabling one, which attempts to enable an individual realise his true potential.

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Hence the core of ML is ‘helping the individual to help himself’. It is closer to socialism, but just
in terms of creating an environment where an individual can be an individual. Hence it is not
against core principles of CL.

3. Social Liberalism
➔ Modern states are welfare states – by promoting equality of opportunity. If certain sect of
people are disadvantaged, it is social responsibility of state to try to bridge that disadvantage
and create an equal playing ground.
➔ Equality is seen as fairness – creating an equal field to enable people to actually use their
liberty and create a life fit for them.

4. Economic Management
The great depression was the biggest example for why classical economic theory of market
regulates itself does not work.

Keynes proposed ideas of aggregate demand and aggregate supply and said that government could
regulate the AD and AS by introducing money or taking away money from the market. This
governmental interference was necessary to keep the market functioning. This lead to greater
prosperity, as with the govt controlling the AD and AS, before such a widespread unemployment
could occur, the govt can stop it through interference.

Neoliberalism

1st face:
➔ Intense global competition encouraging govts to deregulate in order to attract investments
in the form of transnational corporations
➔ Growing commercial interdependence – commercial liberalism, derived from free trade
➔ Warfare becomes unthinkable, as each state is interdependent on the other for goods and
services that are better produced in a particular state.
➔ Looked at as a bond of eternal peace.
➔ Evidence – reduction of wars after world war 2

2nd Face

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➔ Autocratic states are inherently aggressive, democratic states are inherently peaceful.
Democratic states bond with each other and find non-violent ways to resolve disputes.

3rd Face
➔ Justice extends beyond borders (with fast spreading information) – global justice (certain
rights are so basic that it must be available to all humans regardless of nationality)
➔ UN – universal declaration of human rights – increased humanitarian intervention,
focusing on human development

CHALLENGES TO NEOLIBERALISM

READING 2 – SOCIALISM AND MARXISM


Socialism – Latin word ‘sociare’ which means to share.
➔ It is an opposition to capitalism and a more human alternative to it.
➔ Human being as social creatures are united by humanity.
➔ Prefer cooperation to competition
➔ Defining value – social equality
➔ Only if social equality is achieved, the material needs of a human are satisfied and hence,
they are truly free and can achieve personal development.
➔ Clashes – means and ends of socialism. Marxists – communists that aim at classless society
and common ownership of wealth. Social Democrats – humanise Capitalism through
abolishing poverty.

Origins and Development


➔ Originated in 19th Century
➔ Emerged as a reaction to capitalism
➔ Socialism is a critique of liberal market society and hence an alternative to it.
➔ Influenced by bad condition of workers; poverty, poor working conditions, low wages,
child labour, long hours of working (12), etc.
➔ Some people believed in a revolutionary change to a utopian society where people lived by
sharing resources with each other.
➔ As political democracy rose and conditions of the working class got better, idea of
socialism reformed.

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➔ By WW1, there was a clear demarcation of revolutionary socialists (communists in Russian


Revolution) and Social democrats.

Core Themes
Socialism is viewed in three ways:
➔ As purely an alternative to capitalism in economic terms – a sense of collectivism and
planning
➔ A means to represent the needs of working class so that they can have some political and
economic power.
➔ A political ideology, a cluster of ideas, values and theories.

Elaborating on the third approach to socialism, following are its themes:


1. Community
➔ Social and economic problems can be overcome if power is drawn from the community
instead of an individual effort.
➔ Collective action
➔ Willingness and ability of a community to achieve goals collectively instead of striving for
personal interest
➔ A sense of fraternity
➔ Human nature is not fixed at birth, it changes according to his experiences. ‘Nurture’
determines human behaviour, not ‘nature’.
➔ Individual is inseparable from society; everything they learn, including the language they
speak is from the society. Hence to think of them as atomised individuals is absurd.
Individuals can only be understood in the context of which community they belong to.
➔ Socialism tries to preserve traditional social values from modern individualism from the
west.

2. Cooperation
➔ Since humans are social beings, the natural relationship among humans is cooperation and
not competition
➔ If people work against each other, it makes them aggressive and selfish. If they work in
cooperation, it makes them sympathetic and affectionate towards each other.
➔ Human beings can be motivated only through moral incentives and not materialistic
incentives.

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3. Equality
➔ Socialist egalitarianism (promoting equality) – social equality – equality of outcome (and
not opportunity) because:
a. It upholds justice/fairness, as difference of wealth is not based on difference of ability,
but because of unequal structure of society that was exploited by selfish capitalism.
b. Social equality underpins community and cooperation; if there are equal social
circumstances, people will be more sympathetic towards each other to work towards a
common goal.
c. Need satisfaction (not want) is the basis for self-realisation. Since people have mostly
overlapping basic needs, distributing wealth based on these needs will promote
equality.

This is where socialism splits into two branches, the relativity of how much social and economic
equality should be achieved:
a. Collectivisation: there should be no private property and absolute social and economic
equality – communists
b. Progressive taxation: there should be redistribution of wealth by a welfare state, and
relative social and economic equality – social democrats.

4. Class Politics
➔ Social class is the root of all social division
➔ The elimination of class, or classless society will finally be harmony.
a. Communism
i. Bourgeoisie – owners of wealth
ii. Proletariat – those who live by selling their labour

Communists believe there is an irreconcilable conflict between these two classes, and it can be
resolved only by overthrowing capitalism through proletariat revolution.

b. Social Democrats
i. White Collars (non-manual workers)
ii. Blue Collars (manual workers)

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By social and economic intervention, the difference between these two classes can be reduced and
hence, they can live in harmony rather than class war.

5. Common Ownership
➔ Origin of competition and inequality – private property (capital) – this is where liberalism
and conservatism differ from socialism – the former consider owning property a natural
and basic right
➔ According to socialists:
a. Private property is unjust because it is a collective effort to own a property and hence
must be owned collectively
b. It encourages people to be materialistic and hence, it is morally corrupting
c. It is divisive, as it creates conflicts in society between classes
➔ Hence, institution of private property must be abolished and common ownership must
prevail
➔ Common ownership was thus achieved through nationalisation, that is, state ownership,
and thus the Soviet Union under Stalin developed a State Socialism.
➔ However, nationalisation has been used differently in other nations; it is used to develop a
mixed economy, where the state has control of certain sectors, and market has control of
other sectors.

Roads to Socialism

1. Revolutionary Socialism
➔ Believed that socialism can be achieved only by overthrowing the existing system – which
would definitely result in violence – believed in a revolution
➔ Marx and Engels – proletarian revolution – overthrowing capitalist power (happened in
Russia – Bolshevik Revolution 1917)
➔ Why revolution? – capitalism was system of naked power and oppression – it left workers
in poverty and widespread unemployment. And the state was the agent of the capitalists,
not a neutral power (as viewed by liberalists) – ‘bourgeois state’ (biased in favour of capital)
– hence no other option but proletarian revolution to overthrow the façade of universal
suffrage and competitive elections.
➔ However, this road was also looking a lot like dictatorship and political repression. – their
power was military like, strong leadership and strict discipline.

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2. Evolutionary Socialism
➔ As revolutionary socialism grew, it also waned in the 19th century.
➔ Capitalism matured, wages and employment improved
➔ Rise of political democracy led to socialists to shift their ‘means’ to democratic and
evolutionary to achieve their ‘ends’
➔ Example, Fabian Society 1884 – parliamentary socialism in UK.
➔ View: socialism would develop naturally and peacefully in liberal capitalism – how? –
through education and political action
➔ Hence they accepted liberal theory of state as neutral arbiter
➔ Idea: gradualism – gradual and piecemeal improvements rather than revolutionary change,
Eurocommunism – non-radical path to achieving socialism

Gradualism
Both revolutionary and evolutionary socialists predicted the inevitability of socialism winning over
capitalism, but:
➔ Revolutionary: class conflict and class war and finally overthrow of capitalism
➔ Evolutionary: democratic process will lead to socialism itself:
a. Progressive extension of voting rights from upper class to working class to women and
finally Universal Adult Franchise
b. Majority interest would prevail; majority is who voted for that leader in the first place
– majority is working class
c. Electoral success of socialism is easily guaranteed: numerical strength of WC will be
socialist parties’ strength
d. Once in power, socialists can take on transforming the society.
However this did not transpire into reality most of the times, as in order to cater to electoral
demands, they had to water down their policies a lot, and sometimes socialist parties were
not given complete power at all.

Problems:
a. Contented majority: with emergence of modern societies, working class was no
more the majority. The majority was economically secure people. So socialist
parties had to work according to these people in order to secure a majority.

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b. Working Class: the working class has also started becoming increasingly affluent
as capitalism has the ability to deliver the goods. Hence, they are no more socialist
at heart, as they have been influenced ideologically that capitalism is actually
helping them (and not exploiting them)
c. Elected Parties: once elected, socialist parties have to balance needs of state and
society. They are controlled by the capitalist class (they rule the government itself)
and hence socialist parties are unable to deliver socialist policies.

READING 3.1 – FEMINISM


The word feminist – used to describe feminisation of men or masculinisation of women in
medicine.
From 1960s, the word had a different and political meaning.
Feminism – 2 basic beliefs:
a. Women are disadvantaged due to their sex
b. This disadvantage should be overthrown
For feminists, the gender difference is political, where supremacy of men and subjection of women
are common in societies; this disadvantage must be overthrown.
Some goals:
a. Female suffrage
b. Legalisation of abortion
c. Ending of female circumcision
Different kinds of feminism:
a. Liberal
b. Socialist
c. Radical
d. Modern

Origin and Development


➔ 1st wave feminism: demand for female suffrage. Women should enjoy the same
political and legal rights as men. Important because – if women could vote, all
discrimination and prejudice would end quickly. – 1st Wave feminism ended with
achievement of female suffrage.

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➔ 2nd Wave Feminism: just voting rights didn’t solve the problem. There was a social
revolution necessary to ‘liberate women’ in the private sphere. This wave
acknowledged the psychological, personal and sexual aspects of oppression of women.
This period was called ‘post-feminism’, as feminism was mostly about voting rights. There
has been a fragmentation in feminism after this, and there is no common ground between
the different kinds of feminism to exist now.

Core Themes
Feminism may seem to be a subset of liberalism and socialism, but radical feminism says that
feminism is largely different from the goals of Liberalism and Socialism.
1. Redefining the political:
➔ Generally, political sphere is the public sphere, the relationship between the state and the
subjects. Private sphere is not political. – according to feminists, all spheres where social
conflicts exist is political. Hence, relationship b/w govt and its citizens, employers and
employees, husband and wife, parents and children, are all political. (as there is one person
with power who directs the course of action of the other in each of these relationships.
➔ Why should political be redefined? – social inequality exists because sexual division is
thought to have been ‘natural’, when it is actually ‘political’. All ‘public spheres’ (which are
called political) are reserved for men, and all ‘private spheres’ (which are not political) are
reserved for women. Hence, women are excluded from politics.
➔ Personal is political – original intent of feminism. The politics of everyday life (in the
family) – radical feminists.

2. Patriarchy
➔ Sexual politics (like class politics of socialists) – sexism is oppression just how racism is.
➔ Patriarchy – rule by father – relationship between men and women. Other words – male
supremacy, male dominance. Patriarchy is used as a broad term for rule by men now.
➔ Feminists believe that dominance of the father in the family is the root of male supremacy
in other institutions. Female subordinance is directly linked with male dominance in
domestic areas.
➔ Face of patriarchy – under representation of women in public institutions.

3. Sex and Gender

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➔ Anti-feminist argument: biology is destiny. Women are designed for child rearing as they
bear children. Men are designed for physical labour. Anti-feminists believe that all
difference between men and women in the society are due to biological reasons, and
completely ignore the cultural factor.
➔ Feminists: although this is true, the expectation that a woman must stay home and embrace
motherhood is not biology – it is because of culture and the structure of a traditional family.
➔ Hence, they differentiate between sex and gender:
a. Sex: the biological differences between men and women (mostly linked to
reproduction)
b. Gender: stereotypes of masculinity and femininity and their roles. They are politically
and socially constructed.
➔ Feminists believe that since genetics that everyone bears is from both their father and
mother, everyone is a blend of male and female attributes. Hence, women and men should
be viewed as persons, and not as their sex.
➔ Goal: to achieve genderless ‘personhood’.
Challenges to this gender and sex divide:
➔ Cultural and social difference arise because of the biological differences
➔ Features of biological womanhood are not there in some women (like those who cannot
bear children, those who are not attracted to men). So what is their sex?
➔ Gender is not dual anymore.

4. Equality and Difference


➔ The goal of feminism is to end patriarchy and bring equality. So, what is equality?
➔ Liberal feminists: legal and political equality with men. Equal access to the public realm.
➔ Socialist Feminists: equal rights have no meaning till there is social equality between men
and women. So equality should be there in – economic power, ownership of wealth, pay
difference, etc.
➔ Radical Feminists: equality of women in family and personal life. – control of one’s body,
sexual expression, domestic responsibilities, etc.
➔ Pro-Woman feminism: While feminism is seen as a method to eradicate the difference
between men and women, that is not what it is about. To eradicate the difference is to say
women want to be like men. However, feminism is all about embracing these differences,
but not treating them in any way inferior or superior because of the differences. Feminists

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want to achieve liberation and fulfilment while being women, not like men. Hence, they
should achieve fulfilment through being women, not as sexless ‘persons’.

Types of Feminism
1. Liberal Feminism
➔ 1st Wave Feminism: Women are entitled to same rights and opportunities as men as they
are both human beings – right to vote
➔ 2nd Wave Feminism – all individuals are of equal moral worth and are entitled to equal
treatment regardless of their differences. – representation of women in public and political
life.
➔ Feminism is reformist – public life must have equal competition between men and women.
Liberal feminists do not wish to challenge patriarchy in private life. They only wish to
secure their rights in the public sphere.
➔ LF agree that their biology leads them to incline towards domestic life rather than a career
driven life like men. But such a choice is nature driven (and hence made out of free will,
and not imposed)
➔ CORE PRINCIPLE: DEMAND FOR EQUAL RIGHTS

2. Socialist Feminism
➔ Just equal rights cannot remedy the situation. Sexual discrimination is rooted in social and
cultural values. Hence only a social revolution can remedy the situation.

Root of inequality according to SF:


➔ According to SF, before capitalism, transfer of property by female line was common.
Capitalism brought with it private property of men and overthrew the mother right. Hence,
female oppression operates through institution of family.
➔ After capitalism, men want to transfer property only to their son, which led to a
monogamous marriage that was strictly imposed only on women, and largely ignored by
men.
➔ Hence, confinement of women in domestic spaces furthered capitalist ideas.
- women are a reserve labour (who can be called in when there is a need to increase
productivity, but be returned to domestic life when there is no need)
- they bear children (who are the next generation of labour)

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- they relieve men from the burden of domestic work so that can be more productive at
their job
- they provide incentive to the man to work as he has to support his wife and children
(so that the man doesn’t feel he is a ‘wage slave’)
➔ however, Marxist feminists thought class liberation was more important than this ‘sex war’
and women should give up the separate women movement and focus on labour movement
➔ modern feminists – sexual oppression is as important as class exploitation.

3. Radical Feminism
➔ Women are not only portrayed as inferior and subordinate to men in political, social and
cultural aspects, but in all walks of life. Women are to be feminine.
➔ These different roles are a result of conditioning of young boys and girls who are asked to
fit to their roles.
➔ Gender oppression, thus, is the most fundamental feature of society, and more politically
significant than social class, race or nation.
➔ Female liberation thus can be achieved by a sexual revolution that overthrows these
patriarchal ideas.
➔ Women should not try to be more like men, rather, embrace their sisterhood.
➔ According to some radicals, if all differences between men and women are natural, then
men are naturally conditioned to oppress all women, and hence, men are the enemy.
➔ Hence, men are the oppressive sex-class and women are the universal victim. Example,
men rape because they have the biological capacity to do so, and even men who do not
rape benefit from the fear and anxiety rape provokes among women.
➔ Some feminists argue that sexual equality is unattainable within heterosexual relationships
due to inherent oppression of women by men, leading to the promotion of political
lesbianism, while others view such views as divisive and advocate for the belief in the
possibility of harmony between genders without necessitating specific sexual preferences.

4. Modern Feminism (something like neo-feminism. Classification in the prev 3 types is not
possible anymore due to the rapid change in ideology) there are types of modern feminism

a. Third-Wave Feminism

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➔ Third-wave feminism emerged in the 1990s, focusing on new issues and diverging from
earlier feminist movements by emphasizing differences among women, especially in terms
of race and class.
➔ Black feminism, a prominent aspect of third-wave feminism, highlights the
interconnectedness of sexism and racism, addressing the unique challenges faced by
women of colour.
➔ Third-wave feminism incorporates poststructuralist ideas, challenging fixed notions of
female identity and emphasizing the role of power in shaping gender discourses. However,
its compatibility with maintaining a cohesive feminist political stance is debated.

b. Transfeminism
➔ Relates to people who identify as transgender or transsexual.
➔ It is the central theme in rejecting binary gender.
➔ According to them, gender itself is imposed by cultural stereotypes; gender is a matter of
self-definition based on inner feelings.
➔ Hence, gender is nothing but a social performance by people.
➔ This is viewed as deeply problematic by traditional feminists.
➔ This type of feminism shows the overlap between sexism and transphobia.

c. Post feminism
➔ Deradicalisation of feminism is called post feminism.
➔ Rejects the idea that women are victims, and holds them responsible and accountable for
their own sexual and personal conduct.
➔ People following this have called out feminists for being content with the phoney equality
they have wherein women have copied male behaviour and ideologies instead of having
their own individuality. This would lead to patriarchy being passed down from generation
to generation.

Feminism in global age


➔ Has feminism become a global ideology
➔ Is globalisation helping feminism or is it an enemy of feminism?
➔ Some theorists argue that feminism is a western concept and is not applicable to the non-
western world. However, feminists argue that culture being the excuse for non-applicability
is a way to preserve patriarchy.

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➔ The developed world has witnessed increase in feminised jobs. This has led to greater
financial independence among women.
➔ But women workers have the double load of taking on lower paid jobs and also
undertaking the domestic work too. This too, is in the process of changing by providing
women with greater healthcare and wages.

READING 3.2 – GENDER


➔ Gender is the way one sees themselves. The society is hugely gendered and it plays an
important role in resource distribution.
➔ Gender is not neutral; it makes men superior to women. = patriarchy
➔ Patriarchy is unjust and needs reform
➔ Change can be in form of giving equal rights, or by a total social change. The goal of
feminism, no matter which type, is gender equality.
Strategies of feminism:
➔ Questioning the existing laws and theories: most jobs/professions require most
commitment from their workers just at the point which point female workers are most
biologically able to have children. This question shows how the apparent gender neutral
employment practices are disadvantageous to women.
➔ Consciousness raising – by gathering and talking about concerns of women, and raising
their awareness so that they can create a change for themselves.

The differences between Gender and Sex:


Sex: biological differences that are inevitable because of biology. Like physical shape and size of
men and women, their functions in reproduction, etc.
Gender: differences in men and women that are imposed upon them by the society. For example,
women should be kind and emotional, men should be tough and rational.
Thus, if the gender difference is unjust, they require change.
This distinction between gender and sex have various attacks:
➔ Some claim that whatever claims are attributable to gender, is in fact, attributable to sex
(that is, there is no real difference between gender and sex). Moreover, it is misleading to
say that differences in sex have no social basis, as there are many people who some features
of one sex and some features of another. Thus, the clearcut biology in sex is less clear than
it appears.

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➔ Others argue that even differences due to biology are focused upon in order to discriminate
only for political reasons, as they have no value if society doesn’t give them value. Hence,
according to them, both differences in sex and gender are due to social reasons, and has
no real biological standing.
(first point argues sex and gender are same as gender differences exist because of differences in
sex; second point argues that both gender and sex are same because both are given importance
only because society wants to supress women. No matter what differences, why can’t both be
treated the same? Because society wants to oppress women. Hence gender and sex both are social
factors, and sex is not merely biological)

Difference in Feminism:
1. Feminism that focuses on sameness: women should be treated the same as men. Problems:
1. Takes men to be the standard (so whatever women want to do different from men is
not taken into account). 2. It doesn’t take into account the differences between men and
women.
2. Feminism that focuses on differences: treating people the same by taking into account their
differences. Equality is not awarding sameness, but awarding equal value despite
differences. Problems: 1. It assumes all women are alike, and stereotypes women by
undermining them, instead of embracing them.

According to Nancy Fraser, the solution to this problem is to stop thinking women want to be
breadwinners like men, rather, men have to be more caring like women. This would ensure equal
respect. = gender deconstruction

Personal is Political:
It aims to show that women face oppression everywhere.
➔ Private sphere is a sphere of power
➔ The political sphere infiltrates the private sphere (e.g., state defines marriage, who can
marry who, what are the requirements of marriage, and how one many end marriage)
➔ Private sphere creates the psychological component that govern public life. (by shaping
opinions)
➔ Gendered division of labour creates a barrier for women in all other spheres.

Feminism and Family:

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➔ It agreed that women working outside their homes is what helps them achieve the equality
they want
➔ But jobs are designed such that it assumes someone to take care of the domestic work. So
when there is an increase in women taking jobs, there is not a corresponding increase in
men taking on domestic jobs, and childcare is expensive. Hence, there is another barrier
for women to enter into the workforce.

The Ethics of Care:


➔ Care: Focuses on human connectedness, self-sacrifice and obligation to others. It is
emotional in nature.
➔ Justice: is rational in nature and is superior to care.
➔ A woman is expected to care for her people close to her.
➔ This is criticised because a. feminism is all about personal is political, hence, justice should
exist even in the personal sphere. b. by emphasising that women must be caring, there is a
risk that women are expected to put men and children above their own needs.

Sex and Violence:


➔ 1 in 4 women experience domestic violence
➔ 56% rapes are committed by partners/ex-partners
➔ This is why women want the private sphere to also be politicised; this private family sphere
is key to understanding patriarchy and the violence against women.
➔ Violence against women is key in understanding the inequality between men and women;
it is both the result and cause of inequality.
➔ That is, rape happens because men and women are not equal. The fact that rape happens
keeps women and men unequal.
➔ This leads to a situation of ‘all men are rapists’. Not every individual man is a rapist; but
women do not know which men are rapists and which are not, which causes them to fear
that every man they encounter might possibly be a rapist.
➔ This leads to women being afraid of walking alone in the dark or staying out late, and keeps
them at home. However, the real place of danger is the home, where most women face
violence in the form of DV or Rape.
➔ Why does rape happen? – because the patriarchal society eroticises female submission and
male dominance. Norms about male and female roles in the relationship (such as a man

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buys flowers, a man proposes, a man woos a woman, etc) all point towards men being in
control whereas women are passive.
➔ Even in relation to sex, women are supposed to refuse casual sex in order to protect their
reputation, but a man has no compulsion to that effect.
➔ Rape also occurs because of the low prosecution rate; DNA evidence can prove that
intercourse occurred (and most rapists don’t take the defence that intercourse didn’t
happen, instead, they take the defence that the intercourse happened with consent), but
whether or not consent was given is harder to prove.
➔ Moreover, the trial process is traumatising for women; a woman is intensely questioned
about her sexual history; if she is sexually active, she cannot be raped. But a man’s history
on sexual violence is not brought up in court while questioning him. This biased
questioning also makes women afraid of taking up their cases in courts.

READING 4 – GANDHISM
1. Non-violence
➔ Indivisibility of human kind
➔ Acts of violence can only be committed by hardening ourself against other’s suffering.
➔ Not only absence of violence or opposition to violence, but practice of active love.
➔ Means of achieving freedom is as important as the freedom itself

2. Swaraj
➔ Swaraj is not only political according to Gandhi
➔ It is national independence – basic theory of swaraj (can be achieved only through the
absence of alien rule)
➔ It is also about political freedom (it is achieved only through struggle, not just a change
from colonial govt to self-rule. Political freedom is about the polity having rights that they
acquired after an active struggle) Freedom is an active struggle for your own rights.
Freedom is not only negative (no colonialism) but also an individual having rights (positive
freedom).
➔ It is about Economic Freedom (freedom from poverty). Gandhi was an advocate of self-
sufficient villages instead of industrialised capitalised model. Like encouragement of
cottage industries, Panchayati raj. As even though there was a free flow of capital into India
during colonial rule, there was wide-spread poverty, as this capital was drained to Britain.

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➔ Final element of Swaraj is Self-Rule. Gandhi believes in changing the individual to change
the society (unlike Marxism, where in transformation is achieved by Radical Revolution).
Only a reformed person can take decisions for themselves. Self-reliant. Human
emancipation.
➔ Swaraj for Gandhi was not replacing one coercive rule with another; it was completely
altering the socio-economic conditions in which an individual was located.
➔ Gandhi did not want an ‘English Rule without the English’, rather, he wanted a total
development in the living conditions of the Indians for the individual benefit. A revolution
in the standard of living of sorts.
➔ So swaraj was about individual freedom and emancipation, as well as developing as a
community.
➔ Swaraj, was thus, a real change in the heart of the people. It also meant rule by the people
(but that was only the means through which swaraj can be achieved).

3. Trusteeship
➔ Rich people are never going to give away their wealth easily (to the less fortunate). So, he
does not believe in socialism.
➔ He instead talks about the rich putting their wealth into a trusteeship (Voluntarily), from
which people can use the funds for various purposes.
➔ Non-violently non exploitative property relationship.
➔ Possession of private property, source of violence and conflict in society.
➔ Wealthy should hold wealth as trusts for self-use and for benefit of less economically
fortunate.

4. Sarvodaya
➔ Goal is to create non-violent social, economic and political order
➔ Welfare of all without exception
➔ Good of individuals consists in good of all
➔ Political decentralisation, minimum competition, environmentally sustainable economic
development, absence of oppression based on case, religion, etc.

5. Satyagraha
➔ Persuasion through invoking the enemy’s morals, by appealing to their inherent good side.
➔ Non-violent, but peaceful protest, through dialogue.

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➔ Appealing to their introspection.


➔ Technique/tool for non-violent struggle
➔ Based on the belied of goodness of opponent and ability to persuade them morally
➔ Convincing the opponent through peaceful methods to reflect on the injustice committed
➔ Using moral pressure on opponents for transformation.
➔ Securing rights by personal suffering.

6. Swadeshi
➔ Using one’s own resources, and when it does not fulfil need, going without satisfying that
need.
➔ In relation to Hindus not succumbing to taking help from Muslim brothers even when
they are ready to help
➔ Gandhi calls this nonsensical, and encourages people to exchange resources with their
neighbouring countries for a healthy occupation.

READING 5 – POST-MODERNISM
➔ Confronts the tradition of modern science, ethics, philosophy
➔ Rejects the idea that there is some fundamental reality that can be revealed through
demythologising process
➔ Endorses the idea that we cannot have totalising discourses anymore
➔ We cannot have one unified truth legitimising our political and scientific claims
➔ Construction of politics that respects the desire for justice and unknown
➔ Questions the status quo and reconstruct world with small narratives
➔ Challenges grand theories/metanarratives
1. Lyotard
2. Derrida
3. Foucault
4. Laclou and Mouffe
modern period is defined after the enlightenment period.
Post Modernism is the period after modernism
modern - progressive thinking in ideas, economy and health.

post French and American evolution - modern era

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post modernism is an ideology that started in 1960s-1970s --> post colonialism. New independent
countries started questioning the modernism theories given by western countries (which had
already made progress in industrialisation). These new countries were called third world, and
modernism was thrust upon them on the pretext of developing them and civilising them (as the
western countries claimed to be more developed than them).
Hence, post modernism started questioning the paradigms of modernity.
White man's burden - they have the "burden" to civilise all the nations.

➔ If modernism is so good, why were the western countries fighting devastating wars for
resources? – questions by TWC (Third World Countries)
➔ Post modernists were against foundationalist
➔ Contextual truths – not only on the face of it, but situations are only truths in contexts.
While believing in certain set of religious beliefs, and disregarding others; why choose only
a certain set of beliefs? Previously, taking medicines from a doctor also was a sin, and now
people have evolved to understand otherwise. So why is homosexuality not accepted the
same way (through evolution)? Why do people stick to the beliefs when it favours them?
➔ When we fill a form for an English exam, we fill it in English. Why then do we have to
give a separate exam to prove that we are fluent in the language? It is the privilege of
English speaking nations that allows them to impose certain things on other nations.

1. Foucault
➔ Studies the relationship between power and knowledge.
➔ Rejects single universal truth (and thus the enlightenment project). Why? Because there are
hidden structures in the society (like power) which influence the dynamics in a society.
➔ Power can only be exercised through relationships (and there can be no relations of power
without resistance, as resistance here is empowering oneself and reconstituting the same
relationship of power)
➔ Power cannot be separated from knowledge.
➔ Governmentality – the power of the government to manage its people. (govt gives its
citizens a sense of freedom by prescribing to what extent they are free)
➔ Surveillance (government has increased surveillance in the name of increased protection
and security, but this surveillance only makes us censor our own behaviour just in case we
are caught on camera)
➔ He says that there is two kinds of power

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a. Legal Discursive Power: seen very clearly


b. Disciplinary Power: exercised by institutions; they are much more subtle.

2. Lyotard
➔ Commodification of knowledge (knowledge driven economy) – knowledge is the key
means for surviving, flourishing and making profits (power).
➔ Whoever controls knowledge exerts political control. (hence, he predicted that future wars
will be based on access to information, and not based on territory or ideology)
➔ Science related to politics – truth is how it is told; truth is neither scientific nor value free.
Narratives = truth. Hence the way the world is understood is through the stories told about
it.
➔ Let us wage a war on totality, and celebrate differences (he rejected totality theories that
claimed to explain everything – like liberalism and Marxism, even history for that matter,
as it was written generalising everything) – he called these narratives metanarratives. Hence,
there is no single truth (there are countless little tales)

3. Derrida (post-structuralism, not Post Modernism)


➔ Systematically generate dissensus by uncertainty of human knowledge
➔ All our thinking is linked to false privileging of one over another
➔ Neglected counterparts in a binary are worthy of focus
➔ Apply the method of deconstruction against binaries
Nature v culture
Masculinity v femineity
Profit v generosity
And observe the conflict that lay within the terms – urban jungle, concrete jungle (these days
people use this term to refer to their place of living; however, urbanisation happens only after
deforestation. How then can any urbanisation be part of a jungle? These controversies in speech
are what Derrida observes)
Two sides of binary not separate; neither side can exist on its own. One is the privileged side, and
the other is the supressed side. For example, Masculinity v femininity. The privileged side has no
meaning without the supressed side.
➔ Hence, the western/modern concept of origin of knowledge, and their thinking that
knowledge’s origin is pure and stable, is debunked by Derrida, and he says that the origin

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of knowledge is actually derived from the ethical and logical systems of the past, that
actually existed in binaries as mentioned.
➔ Encouraged readers to interpret writings in the way they wanted to as writings are
disengaged from the writer, (unlike speeches, which are delivered by the speaker the way
he wants it)

Globalisation and its effect on Post-Modernism, and its criticisms:


➔ Technological revolution fosters heterogeneity, pluralization
➔ Individualization, differentiation, fragmentation prevail over homogenization
➔ Postmodernism: World interconnected, diverse under consumerist capitalism
➔ Criticism: Postmodernism becomes its own grand narrative
➔ Exacerbates personal, social disintegration, despair
➔ Criticizes modernism's inconsistency but lacks consistency itself
➔ Fails to address deeper questions on oppression, marginalization roots

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3. Module 3

READING 1 – DEVELOPMENT OF A MODERN STATE


➔ Government
➔ Coercive power
➔ Territory
➔ Impersonal power

How was a Modern State Formed?


➔ Absolutism paved the way for a modern state (before a modern state, there was absolutism,
which led to people desiring for a secular and national system of power)
➔ Crucial innovations of a modern state:
a. Territoriality: fixed borders
b. Control of means of violence: monopoly on force (state troops, instead of troops for
everyone)
c. Impersonal structure of power: legally circumscribed structure of power that prescribes
rights of people and duty of state
d. Legitimacy: people changed from dutiful subjects of a monarch to active citizens of a
state; loyalty of people has to be won by the state, it is not automatic as in a monarchy
– this forces the state to be legitimate and represent the needs and interests of the
citizens.

Forms of a Modern State:


1. Constitutionalism/Constitutional State
➔ Has implicit/explicit limits (procedural/substantive) on political and state decision making.
➔ Based on ideology that state exists to safeguard the rights and interests of its citizens (who
are ultimately the best judge for what is best for them)

2. Liberal State
➔ Private property, constitutionalism, competitive market economy
➔ Rights of individuals – life, liberty, property
➔ The focus was men of new middle class (to give them these rights)

3. Representative Democracy

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➔ Elected officers to represent the interests and views of the citizens within framework of
rule of law.
➔ Decisions are not taken by the people themselves, but by a sub-group of people appointed
by the people who are elected for the purpose of taking decisions.

4. Single Party Polity


➔ Single party represents the views of the nation.
➔ Voters can either choose the representative of the party as their representative, or someone
else within that party.

War and its effect on Modern States


➔ States' pursuit of security through militarization can paradoxically lead to mutual insecurity
as other states respond in kind, creating a vicious circle.
➔ The ability to wage war necessitated resource extraction, leading to the development of
state structures for coordination and control of populations.
➔ Different regions and eras in Europe saw varied state forms influenced by social structures
and resource bases.
➔ Technological advancements and industrialization, along with commercial interactions
among states, favoured centralized nation-states with standing armies.
➔ Costly wars necessitated rulers to garner support from subjects, leading to the rise of
representative or popular government.
➔ Nationalism played a crucial role in the development of democratic nation-states, often
linked with administrative unification and the formation of national identity.
➔ While war stimulated democratic institutions in certain contexts, the rise of democracy is
influenced by complex historical conditions.
➔ Powerful nation-states often denied democratic rights to conquered or colonized
populations, emphasizing their own interests over colonial subjects' rights.

Modern State and Capitalism


➔ Previous discussions focused more on security and warfare, giving less attention to
economic motives and interests in state development.
➔ Conflict between rising capitalist classes and feudal remnants emerged, with capitalists
aiming for economic independence from state interference.
➔ The alliance between political rulers and capitalists aided commerce and industrialization.

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➔ The struggle for civil and political rights reshaped both state and economy, driving states
toward democracy and economies toward capitalism.
➔ Class conflicts were shaped by the nature and interactions of states, with states mediating
international economic relations and influencing class organization.

Social Contract Theory


1) People
2) Political Authority
Connecting entity – state. The relationship between them is explained in social contract theory
propounded by various members.

STATE OF NATURE: a situation that describes how men might have lived before the
introduction of a civil society. Their life is controlled by their impulses, and they live close to
nature. Men had natural rights, and no recognised rights.

Hobbes Locke Rousseau


State of nature – a situation State of nature – due to conflict State of nature – men are
where no authority, so war of over property – state of war. equal, self-sufficient and
all against all because human They don’t begin with such contented. But, with
nature is self-interested and in state of war. Instead, before development of arts and
pursuing his pleasure he civil society is a state of liberty, science, and the introduction
wants to gain power over of peace, goodwill and mutual of private property, it leads to
others. (a situation of ‘Might assistance. Men obey the law of division of labour. Thus, to
is Right’) life is solitary, poor, nature. But, there are some that deal with this rapid
nasty and brutish. don’t abide by rules of morality development, there is need
Hence, his contract theory in order to pursue self-interest. for civil society. =>
deals with an effort at Hence, his contract theory is to according to him, the state is
peaceful living, where men deal with such offenders. the evil that brings out the
are protected against this fear brute in the man, but also the
of every other man. good that protects the liberty
➔ Three sources of of the man.
conflict:
a. competition – for other
people’s resources
b. Diffidence – to protect
what is owned
c. glory – to seek reputation
and admiration

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Human nature – self- Human nature – benevolent


interested, materialistic, work (even in state of nature, people Human Nature – ‘noble
for their upliftment, egoist. live in cooperation and with savages’
reason) Initially, humans’ lives are
[Locke is brought up in a blissful. With the
Christian home, and he refuses introduction of private
to believe humans are property, conflict arises.
essentially self-interested and
have no benevolence]

Terms of Social contract –


among all the people to Terms of Social Contract –
choose a political sovereign there must be a monarchy, but Terms of Social Contract –
who is responsible for it must be limited by a The ruled should be the
protection of people’s life and parliament, which makes rulers. Individuals must be
property, and willingly legislations. (basically, a directly involved in the
surrender their rights to him. constitutional monarchy) making of the law that
(he calls for a glorious governs them. General will –
The sovereign is not party to revolution/bloodless the will of the community. It
the contract, but a result of revolution, as opposed to the is the sum total of the advice
the contract. The contract is wars that were happening) of the community.
between each with all and all 1. men come together Hence the laws made must be
with each. In this contract, and pool their powers according to the standards
everyone agrees to give their in order to protect each and requirements of common
power and authority to a other’s right. good – what is common good
common power, who would 2. people must agree by can only be arrived at by
give them security against majority vote to set up public discourse and public
their fear. These powers given legislatures agreement.
to the sovereign transforms 3. owners of property
the sovereign into a supreme must agree through
power; it can’t be taken back representatives to
because if taken back, then taxes imposed on them
they would go back to their
state of nature. Hence, Why is this better:
according to him, the concept 1. It is constitutional, and
of revolt and revolution is not absolute
foolish because without the sovereignty.
sovereign, their lives would 2. The rule is based on
be filled with anarchy and reason and not whims
total insecurity. 3. Government is based
on trust and consent of
people
4. If the government fails
in its duty, the people
can overthrow the govt
and set up another one.
Hence, the right to
revolution is
recognised.

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However, this is a conditional


contract – conditional on the
state’s ability to protect life,
liberty and property. If the state
fails, then the people can select
a different authority to
represent them. Basically,
accountability must be there.
The supremacy of the monarch
is delegated by the people to
that monarch. The ultimate
power lies with the people.
(where law ends, tyranny
begins)
Sovereignty: with the
monarch. Sovereignty: with the people

Limitation: 1. where did the Sovereignty: with the people


sovereign power really lay? Limitation: 1. he did not
With the monarch, the state prescribe a process for
(which was becoming a overthrowing, changing of the Limitations: 1. Did not take
separate entity) or the people? govt. into account the wishes of the
He didn’t prescribe. 2. He is also not able to solve minority; said that the
2. he didn’t prescribe proper the deadlock between people minority must give way to the
limitations to state action. His giving power to another, and majority.
theory is sustainable only if a the same power being used to
perfect sovereign who would curtail the people’s liberty.
not abuse the power given to
him can be found. But
mortals are imperfect, and
hence this theory also fails to
attract perfection.

Why is there a difference in the Human Contract Theory?


◼ Due to their difference in opinion of human nature
◼ Hobbes did not trust the human nature, and hence his contract theory is nothing more
than protection of life and property.
◼ However, Locke had more trust in the human nature and hence, he believed in their
representation in the parliament to limit the monarch.
◼ Hobbes’ theory supressed the community and made the monarch supreme, Rousseau’s
theory supressed the individual’s rights and placed community rights over it. Both their
theories are similar, but the difference arises at who controls the sovereignty.
According to Locke, the Government is supreme, however, this supremacy is
delegated to the government by the people.

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Basis Hobbes Locke Rousseau


Human Nature Selfish, Materialistic, Initially good but Noble Savages, but
egoistic. descends into conflict private property leads
over property to conflict
Social Contract People should 1. People should The general will is the
surrender their rights come law. Popular
to each other and together to sovereignty.
form a political form a govt
sovereign 2. Govt should
have power to
legislate.
Segregation
b/w monarch
(executive)
and govt
(legislature)
Relationship between Political sovereign is Political authority is People are obligated
ruler and the ruled not party to the party to the contract themselves and
contract but is and bound by terms freedom comes from
responsible for of the contract. If following the law.
protection of rights rules fails, people can
such as life and self- replace the govt.
preservation

Criticisms:
➔ Not based on any historic evidence, it is purely fictional.

READING 2 – STATE
Components of a state:
1. Population
2. Territory
3. Sovereignty

Nationalism vs. Internationalism:


Nationalism:
• Sentiment and Ideology: Represents both a sentiment and an ideology.
• Attachment to Nation: Individuals prioritize their national interest over other interests.
• Political Organization: Advocates that states should be founded on nationhood, with
each nation having its independent state.

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• Elements of Nationhood: Invents symbols of national identity like language, flag,


anthem, etc., to strengthen national sentiment.
• National Movement: Communities under colonial rule organize for independence,
termed as national movements.
• Emphasis on Loyalty: Highest importance given to loyalty and commitment to one's
nation.
Internationalism:
• Political Organization: Rejects the nation-state as the centre of political organization.
• Object of Loyalty: Doesn't accept undivided loyalty to one's nation, emphasizes larger
organizations for global objectives.
• Two Streams:
• International Communism: Advocates global socialist revolution, disregarding
national boundaries.
• Principle of International Organization: Stresses the formation of larger
international organizations to serve humanity's common interests.
• Precedence of Human Interest: Prioritizes universal human interest over national
interest in case of conflict.
• Restraints on Sovereignty: Nations urged to accept limitations on sovereignty for world
peace, collective security, and observance of international law.
• Cooperation for Global Issues: Calls for international cooperation to address global
challenges like environmental pollution, terrorism, and drug trafficking.

Challenges to the Nation-State Model:


1. Historical Failures:
• Greek city-states: Internal conflicts despite shared heritage.
• Roman Empire: Lack of social cohesion among diverse subjects.
• Medieval attempts at universal systems: Dissolved due to rising national identities.
2. Contemporary Challenges:
• Efficiency Questioned: Modern nation-states face doubts about their ability to ensure
security and happiness.
• Search for New Forms: 21st century marked by a quest for alternative organizational
structures.
3. Discrepancies between Nation and State:

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• Scattered Communities: Groups with common attributes struggle to form unified states
(e.g., Kurds).
• Ethnic Diversity within States: Internal strife in nations with diverse ethnic populations
(e.g., Lebanon, Cyprus).
• Transnational Loyalties: Immigrants maintain strong ties to their homeland, impacting
national unity.
4. Security Challenges:
• Weapons Proliferation: Global security threatened by proliferation of lethal weaponry,
including nuclear arms.
• Environmental Concerns: Pollution, deforestation, and resource depletion pose global
threats.
• Information Revolution: Technological advancements unite the world but also increase
the need for global cooperation.
• Globalization of Economy: Economic globalization challenges traditional notions of
sovereignty.
• Transnational Crime and Terrorism: Criminal networks exploit modern technology for
illicit activities, requiring international collaboration.

Divine Rights Theory


King is the ultimate power, the ultimate sovereignty.
States have come into be through kinship and religion, community, property protection, and force.

Evolutionary theory of the state:


a. State is not outcome of the god/force
b. State is not outcome of social contract
c. State is historical and naturally created due to:
i. Kinship
ii. Religion
iii. Community
iv. Property protection
v. Force

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READING 3 – THEORIES OF STATE

1. Liberal (state theories reading 207-217) – basically social contract theory, combined and made
notes above.
• Neutral arbiter
• Common good
• Social contract theory of people like Locke (as their ideas are based on liberalism)
• Necessary evil (how can the state be curbed to not misuse the surrendered rights?)
• Laissez Fairre – economic individualism
• State welfarism
• Interventionist/regulatory in economic and social sphere
• Neo-liberal state – night watchman state (Robert Nozick)
• Economic liberty and political liberty

Q. The foundation of modern liberal theory is rooted in Social Contract Theory. Explain.

2. Marxist (theories of state reading page 241-245)


• Materialist State
• Ralph Miliban – instrument – elite composition of state. (business man gets Rajya
Sabha Seat, and become an elite in business and politics…)
• Micos Poulantzas – criticised Miliban
The foundation of the society is economy, and this shapes the law, politics and culture (which
forms the superstructure over the base).
This is the basic feature of a bourgeoise state. But this is not enough to understand the state. It is
needed to understand who leads every function in a bureaucracy.
The social character – international, institutional, bureaucracy, political, elite, government.

Relative autonomy of the state – structuralist theory.


Which says capitalism should flourish.

State is a site for conflict for different classes.


• Antonio Gramsa – state has a lot of methods (apparatus) to control the citizens.

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a. Ideological: ideologies of the ruling class is pushed as the interest of everybody.


Like family, school, church.
b. Coercive: coercion, discipline. E.g. Police.
Notes from Reading:
➔ State is not a natural or ethical institution. It is an artificial institution.
➔ State comes into existence only when society is divided into two antagonistic classes.
(capitalist and working class) In other words – private property divides society into
conflicting classes.
➔ Private property divides society into ‘dominant’ and ‘dependent’ classes. Hence, the state
is an instrument of the dominant class used for their own benefit, that is; after acquiring
producing power through capitalism, they acquire political power through state. Hence it
is an instrument of class exploitation, and an embodiment of injustice.
➔ Hence, it wants to lead community to a classless and stateless society. How can this be
achieved? When all remnants of capitalism is erased, work is made compulsory for
everyone, the society will become classless. This would further result in withering away of
the state. Hence, this classless and stateless society would be based on cooperation (instead
of conflict), equality (instead of dominance), and justice (instead of oppression and
exploitation).
➔ This theory was very different from others (which propounded that the state existed for
the benefit of people). Instead, it blamed the state as the root of all social injustice.

Criticism of Marxist Theory of State:


➔ There is not a rigid class division in society. It is constantly changing (for example, through
women’s revolution, etc)
➔ Capitalism has now become a more of welfare state, which has become a face for social
justice instead of injustice.
➔ Socialist societies such as China are based on a pyramid system of power rather than classes
and stateless society, neither are they moving towards a classless and stateless society.

3. Post Colonial Theory of State (State theories reading 251-254)


Developed by TWC (3rd world countries)
They were not satisfied with Marxist theory, as countries had diverse cultures and people, and the
definition was not satisfactory.

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• Hanza Alani – overdeveloped state (the TWC is influenced by the colonial


structure. The coercive power of the state in this structure is too much. He calls it
overdeveloped, as the power and coercive power of the state is too much, and it is
not required because the economy and the power of the state is not in match. As
in, we have the structure of UK, but not the economy. So our army, police, etc are
way too developed as compared to economy.)
• Gunnar Myadal – Soft State (have very detailed laws but do not have the resources
to really enforce them. Non-state actors, who don’t have any legal powers, act on
their own to enforce certain rules that are not really law. Law and order also does
not have the resources to enforce the law and order to stop this in an authoritative
way and hence they are called soft states.)

Reading from Notes:


1. Colonial Domination:
• West European countries expanded through colonialism for cheap raw materials
and labour.
• Colonized regions lacked modern education and national solidarity.
• Exploitative policies were rationalized as civilizing missions. “White Man’s
Burden” – to introduce primitive nations to civilisation, as the whites were the
most modern and civilised.
2. Cultural Superiority and Exploitation:
• Colonialists projected European culture as superior, claiming to civilize the
colonized.
• Infrastructure and institutions were created to facilitate colonial rule, not genuine
progress.
3. Impact on Colonized People:
• Colonial education and administration raised awareness and prompted rational
thinking.
• Efforts to instil colonial values persisted even after independence.
4. Decolonization and Neo-Colonialism:
• Independence often led to the persistence of colonial values and models.
• Neo-colonial methods replaced direct rule, maintaining exploitation.
5. Challenges of Nation-Building:

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• Former colonies faced challenges in nation and state-building due to artificial


administrative divisions.
• Nation-building involved fostering national identity and solidarity.
6. State-Building:
• State-building aimed at establishing central authority and extending services.
• Complementary to nation-building, state-building facilitated allegiance to the state.
7. Symbolism and Identity:
• Adoption of national symbols and heroes facilitated nation-building.
• Secular values were emphasized in multi-communal countries.
8. Leadership and Disappointment:
• Post-independence leadership often failed to fulfil hopes of the masses.
• Politics devolved into power struggles, leading to deterioration in national life.
9. Contributions of Professional Elites:
• Non-political professional elites contributed to national prosperity and awareness
of democratic rights and social justice.

Challenges to the Modern State


1. Terrorism
2. No one way to understand/define state
3. Territorial sovereignty
4. Social Globalisation
5. Populism – form of politics where the political leaders are appealing to the base insecurity
of the people instead of other agendas.
6. Climate (to the physical existence of the state)
7. Increase in identity conflicts (linked to globalisation). State is withdrawing from basic needs
like education and health. Who is an insider in your country and who is an outsider.
Conflict due to limited resources and opportunities.

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4. Module 4

LIBERTY
1. Hobbes (negative Freedom)
Power (to do what you want to do, whether there or not doesn’t matter)
External constraints (bodily/physical) not there
Liberty = absence of external constraints. Only talked about freedom of bodily movement. Hence,
if a person has no physical restraints, he is technically free to do whatever he inclines/desires to
do.

According to him, even if laws exist, one can always choose to not follow the laws (even though
laws come with an attached fear of punishment), because there are no physical constrains that
restrict one from doing something. = a person is not physically bound to obey laws. He calls laws
as artificial chains that can easily be broken if one wishes to. = corporal liberty.

Hence, according to Hobbes, freedom is the right of choice. Law and Right are opposites of each
other; Right is a liberty to do or not do something, but Law takes away this choice of to do or not
to do, and rather prescribes what to do. = liberty

According to Hobbes, liberty exists only in a democracy.

His idea of freedom is very limited. Any rational man would want to avoid punishment and hence
would follow a law. Hobbes fails to take into account the mental element of freedom, where one
is coerced/intimidated into performing an act against his will.

2. Locke
Liberty = freedom to do what is permitted by the law of nature. (every person is free to do what
they want, provided it does not hamper equality), and freedom to act as we will.
Liberty is a natural right that is inalienable to every single person.

Liberty existed before the civil and political society. Hence, the purpose of the civil society is to
protect this natural right of liberty.

Not only coercion of body, but also coercion of will takes away liberty.

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How?
Through threats, incentives, promises

This is flawed because, for e.g., if a state employee takes a bribe and does something out of scope
of authority, he can then take a plea that he was not free to make a decision as he was coerced
through an incentive.

3. Jeremy Bentham (utilitarian idea)


Yes a person can be coerced, but such coercion is only by threat. Such a threat must be:
- Immediate
- Real
- Penalty for non-performance
If such a threat exists, only then a person is not free. (he does not believe in coercion of will,
because according to Bentham the person can refuse the incentive. A threat must be such that the
person cannot be refused or ignored)

4. J S Mill (utilitarian idea)


(a student of Bentham)
Freedom is whatever you want to do, and other than threats (external restriction), you yourself can
be a restriction for your freedom (internal restriction).
People in England have a feeling that they are free, but they always conform to the societal, cultural
norms. This is internal restriction, as we self-impose certain restrictions and change our thinking
to suit that of the social and cultural norms.
And hence our decisions become unauthentic.
Why is freedom imp?
Freedom has to be exercised for personal development. (Which is possible only in condition of
freedom)
Freedom is imp so that the individual can exercise their will and be comfortable with it (by getting
over our inauthenticity inspired by social and cultural norms)
It is important to so that the will can be exercised
Freedom of speech gives opportunity to differentiate truth from lie, and gives a chance for
different truths to intermingle and hence give rise to different thoughts.
You can enjoy all these freedoms, however, it must be restricted by Harm Principle (real harm)
Not just offending someone

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It harms physical existence


It is false in nature and incites people to harm
Etc
Hence freedom must be restricted to prevent real harm.

Different examples:

➔ A person trying to commit suicide – stopping them is curbing liberty or not?


➔ A person wanting to smoke and drink – banning the sale of these items curbing liberty or
not?

Mill is against Paternalism. The idea that someone knows better than you, and is saving you from
your choices is not liberty. A person can choose what is best for themselves.

“Chilling Effect” – nothing stopping someone from saying something. But the person knows that
saying it will lead to an environment that is hostile for themselves, so they self-censor.
So, restriction need not always be from outside. Restriction can be self-imposed keeping in mind
the political scenario.

Negative Liberty: (Berlin)


➔ Freedom of speech
➔ Worship
➔ Contract
➔ Trade
➔ Movement
➔ Will

Positive Liberty: (Mill, Rousseau) – harm principle, 5 principles.


“Mastery of Self” – Rousseau
“State assistance” – T H Green
Isaiah Berlin

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Summary:
Liberty – civil economic political
➔ Hobbes, Locke, Bentham – Negative Liberty
➔ JS Mill’s FOS and Harm Principle and Rousseau – Positive Liberty
➔ Division between positive and negative liberty – Isaiah Berlin – two concepts of
liberty
➔ Market Freedom – Milton Fridman and Robert Nozick (Somewhat negative
freedom)

Features
➔ Freedom as equality (Sakal v UOI art 19, liberty-equality)
➔ Freedom as a means to truth – against paternalism, censorship. 3 aspects to truth
Misinformation – some people lack the mechanisms to fact check
And even if fact check happens later, the damage has already been done.
➔ Freedom as a means to decisional autonomy
➔ Freedom is a means to pluralism.

READING 1 – GAUTAM BHATIA “OFFEND, SHOCK”


Relationship between political theory and law – relating political thinkers and law – IMPORTANT
5 cases – Very IMPORTANT
Sakal Papers v. UOI
Ranjit Udeshi v. State of MH
Chintaman Rao v. SO MP
Shreya Singhal v. UOI
Srishti School of Artly Design v. Chairperson of CBFC

1. Sakal Papers v. UOI


The Facts: An act of the parliament mandated that newspapers price must be according to the
number of pages in it, and also limit how much advertisement they show on the papers.
Newspaper companies argued this would make them limit the number of pages in order to remain
in the market, and hence give out lesser news than they wanted to; this would effectively curtail
their freedom of speech.

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The government argued that this was done in order to promote smaller newspapers in the market
who succumbed to the newspaper monopoly, and sell out their companies to bigger news brands;
by introducing this legislation, they are promoting more speech (more diverse speech and news)

Court held that the government was not entitled to control circulation of news in the market; it
would infringe 19(1)(a) of the petitioners. The reasonable restrictions under 19(2) did not cover
what the government was doing.

Why?

The point of freedom of speech of an individual was so that the government can’t curtail it citing
common good of the people. And that was precisely what the government was doing here. The
regulations aimed at equalizing access to the infrastructure of communication by redistributing the
resources that made such access possible

• The court said people should have the right to speak freely without the government
stopping them, even if it claims it's for the greater good.
• Free speech is really important in a democracy because it lets people have their say and can
change things.
• The court case was about making sure everyone has fair access to ways of communicating,
like newspapers.
• The court mainly cared about big newspapers talking less, rather than making sure
everyone has a chance to speak.
• The court's idea of democracy focused on one way of looking at it, ignoring other ways.
• If the court had looked at democracy differently, it might have said stopping big companies
from controlling speech is actually part of free speech.
• Some people think the government should make sure everyone has a fair chance to speak,
not just big companies.

2. Ranjit Udeshi v. State of MH


➔ SC took to protect the most vulnerable sections of the society from corruption due to
offending and shocking content that is produced as a result of freedom of speech and
expression.

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In this context:
➔ To what extent is SC ready to curb speech to protect the individual
➔ To what extent is the SC willing to treat individuals as autonomous beings who are trusted
to make up their mind regarding the content they come across?
➔ Ranjit Case is talking about protecting
➔ Aveek Sarkar suggests the best way to deal with this is being strong willed and healthy
individuals who develop a thick skin and also look away from content that offends them
if need be, as the court struggles to find the definition of ‘decency and morality’

3. Chintaman Rao v. SO MP
➔ This "overbreadth" issue was exemplified in a case where a law aimed at ensuring an
adequate labour supply in bidi-producing areas was struck down for being too blanket in
nature.
➔ Overbreadth is constitutionally linked with the reasonableness requirement under Article
19(2) of the Indian Constitution, which mandates restrictions on fundamental rights to be
reasonable.
➔ Reasonableness in restricting rights involves considering the nature of the right, the
purpose of the restrictions, the urgency of the issue, and the proportionality between the
restriction and the goal.
➔ An overbroad statute that allows the State to restrict speech beyond the specific grounds
listed in Article 19(2) could upset the balance of proportionality between the State's goals
and the extent of the restriction.

What does this overbroad and vague nature of laws do?


➔ It induces a “chilling effect” – where in people self-censor as they are afraid of attracting
punishment.
➔ This chilling effect causes people from legitimate exercise of free speech, which in itself is
a violation of free speech.

4. Shreya Singhal v. UOI


2 girls who were arrested because they expressed their opinion on public uproar due to death of
political leader.

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5. Srishti School of Artly Design v. Chairperson of CBFC

➔ Courts reject government's attempt to impose a single truth in films.


➔ Highlight the liberty of filmmakers and viewers to express and perceive different
perspectives.
➔ Emphasize the integral part of freedom of speech in autonomous thinking.

Content Neutrality in Free Speech:

➔ Content neutrality prevents government from regulating speech based solely on its
message.
➔ Courts uphold regulations based on factors like public safety, not content.

Relating Political Thinkers and Law


1. Justice Muralidhar and Autonomy:
• Upheld autonomy in reacting to films, rejecting state control.
• Defended freedom of speech by emphasizing viewers' right to think
autonomously.
• Referenced Immanuel Kant's Enlightenment motto of "Have courage to use your
own reason."
• Influences contemporary law to ensure individuals' rights to form independent
opinions without state interference.
2. Jack Balkin and Cultural Democracy:
• Emphasized cultural dissent's role in free speech, promoting a democratic culture.
• Argued for free speech rights to facilitate individuals' participation in meaning-
making.
• Influences contemporary law by addressing access, copyright, and corporate
control over media.
• Shapes legal decisions to safeguard diverse cultural expressions and ensure
equitable access to communication platforms.
3. Robert Post and Deliberative Democracy:
• Linked democratic legitimacy to public discourse, advocating for equal
participation and inclusion.

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• Stressed the importance of ensuring access and equality in free speech to foster a
robust public sphere.
• Guides contemporary law to promote an inclusive discourse where all voices are
heard on equal terms.
• Influences legal decisions to uphold the principles of democratic deliberation and
equal participation in public discourse.
4. J.S. Mill and Harm Principle:
• Advocated for the Harm Principle, allowing limitations on individual liberty only
to prevent harm to others.
• Argued that society should tolerate all speech except that which directly harms
others.
• His ideas influence modern legal frameworks, balancing free speech with
limitations to prevent harm to individuals or society.
• Mill's principles underpin laws regarding hate speech, incitement to violence, and
defamation, ensuring individual freedoms while protecting against harm.
5. Ronald Dworkin and Equality in Free Speech:
• Emphasized the connection between free speech and equality in a democratic
society.
• Argued that democratic respect and concern entail equal opportunities for
individuals to shape their environment through communication.
• Influences contemporary law by highlighting the importance of free speech in
ensuring equal participation in shaping societal values.
• Shapes legal decisions to recognize the deep linkages between free speech and
equality, promoting a more inclusive and equitable public discourse.

READING 2 – OP GAUBA ON LIBERTY


Animals live according to survival of the fittest; they have no aim beyond surviving. But humans
have an aim in life. Animals are slaves to nature, but humans have learnt to tame nature to serve
his aim in life. Hence, freedom is the distinctive quality of man.

➔ If there is no restraint on liberty, it becomes a license to abuse other people’s liberty


➔ So, liberty of individuals must be curtailed to the extent that it does not become a license
for abusing another’s liberty.

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Kinds of Liberty
1. Civil
➔ Personal liberty; enjoyed in the capacity of an individual.
➔ It consists of:
(a) physical freedom from injury or threat to the life, health, and movement of the body; (should
not be restricted unless it is a punishment for crime)
(b) intellectual freedom for the expression of thought and belief;
(c) and practical freedom of the play of will and the exercise of choice in the general field of
contractual action and relations with other persons.
2. Political
➔ Enjoyed in the capacity of a citizen
➔ The power of constituting and controlling the government
➔ Constituting it through choice (election)
➔ Controlling it through general and continuous process discussion (the freedom of which
we all share equally)
3. Economical
➔ In terms of choosing his occupation to earn his livelihood.
➔ It is two sided; an employer would interpret this liberty as freedom to generate maximum
profits; a worker would interpret this as reasonable terms, wages, price, quality and rent.
➔ It is in this context that the concept of positive and negative liberty come into existence.

Negative and Positive Liberty


Negative Liberty – the state should be curtailed from interfering in the individual’s liberty.
Example, Freedom of Speech and Freedom of Worship. The government should not restrict the
individual’s freedom in expressing their opinion or faith. This concept thrived at the time when
the individual was being curbed by the state from being free. So the concept of “a man knows
what he wants the best, and the state should not interfere in deciding for him”
The state was not allowed to impose what it thought to be good on the individuals.
New Middle Class expressed need for Mercantile Liberty – freedom to trade, to establish a free
market society. People thought that in this society of non-intervention, they can also thrive – hence
the state was viewed as a negative state (a necessary evil, which was to be curtailed from interfering
in liberty, and which ensured that no one encroached upon another’s liberty)

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This led to capitalism thriving – hence, it brought about the miserable condition of workers and
consumers. – it increased the disparity and wealth. The workers were in constant threat of
unemployment.

Positive Liberty – where in the state protects this Liberty by removing obstacles in achieving it.
Example, Freedom from Fear, Freedom from Want, etc, where the government intervenes and
removes the obstacles in the way of the individual from exercising these rights. These rights can
be enlarged to include more things also, like Right to Life.

Thinkers in Liberty:
1. JS Mill (Positive Liberty)
➔ Interests of a man as a progressive being can only be fulfilled in a society of advancement
of knowledge. This advancement happens only in a market where free discussion and
criticism of existing institutions happen (so as to develop social policy wisely)

➔ Introduction of Positive Liberty:


John Stuart Mill shifted from negative liberalism to positive liberalism.
Recognized limitations of laissez-faire individualism in addressing socio-economic disparities.

➔ Distinction in Types of Actions:


Mill categorized actions into "self-regarding" (affecting only oneself) and "other-regarding"
(affecting others).
Supported complete freedom in self-regarding actions, but allowed state intervention in actions
affecting others.

➔ Community Welfare and State Intervention:


Mill advocated for state intervention in actions prejudicial to community welfare.
Proposed a positive role for the state in securing social welfare, including taxation, inheritance
limitations, and education provision.

2. Isaiah Berlin (Two concepts of Liberty)

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Berlin's Two Concepts of Liberty:


A. Negative Liberty:
• Defined as the absence of external restraint on individual actions.
• Individuals not prevented from pursuing their goals by other humans.
• Political liberty confined to the sphere of negative liberty.
B. Positive Liberty:
• Views individuals as masters of their own destiny.
• Implies self-mastery and capacity for self-direction.
• Beyond the scope of state intervention, unlike negative liberty.
• Includes things like “if a person is unable to fly, it is his problem”
• If a person is too poor to achieve his wants, that is also his problem/fate according
to Berlin.
C. Berlin's Position:
• Asserts that the state's role is limited to ensuring negative liberty.
• Disregards material inequalities as concerns of individual responsibility.

Criticisms of Berlin's View:


A. Confusion of Spheres:
• Berlin confuses moral sphere (self-control) with material sphere (social inequality).
• Neglects distinctions between natural limitations and societal injustices.
• A person not being able to fly has never tried to be rectified through political
action. But a person being poor can also be a result of social injustice (which is not
under the control of the person who is poor, and hence it is necessary that state
intervenes to remove this)
B. Narrow Conception of Liberty:
• Criticized for defining negative liberty narrowly, neglecting societal impediments.
• Fails to address lack of access to basic necessities and means of labour.
C. Response to Criticisms:
• Berlin's concept of positive liberty seen as a response to authoritarian idealist
claims.
• However, does not align with positive liberalism's broader concept of positive
liberty.

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3. Milton Freidman (Negative Freedom)


A. Definition of Freedom:
• Freedom as absence of coercion by fellow men.
• Ultimate goal is freedom of the individual or family.
B. Role of Capitalism:
• Competitive market society seen as necessary condition of freedom.
• Government's role limited to sustaining and supplementing market society.
C. Contempt for Equality:
• Friedman repudiates equality to maintain freedom.
• Advocates minimal government intervention in economic and social matters.
Critiques of Friedman's View:
A. Conceptual Error:
• Fails to distinguish between simple exchange economy and capitalist economy.
• Ignores coercion inherent in capitalist economy due to separation of labour and
capital.
B. Coercion in Capitalism:
• Capitalism coerces labour force due to lack of sufficient capital.
• Hinders creative freedom by subjecting individuals to market forces beyond their
control.
C. Need for Regulatory Welfare State:
• Mitigation of coercion in capitalism requires a regulatory welfare state.
• Opposed by Friedman's vision of minimal government intervention.

4. Robert Nozick (Negative Liberty)


A. Basis of State Formation:
• Individuals have rights in the state of nature.
• They form protective associations for property protection.
• Dominant association becomes the 'state'.
B. Limited Functions of the State:
• State exists to maintain property rights, not for redistribution.
• Minimal state does not engage in redistributive transfers among citizens.
C. Justification of Inequalities:
• Inequalities based on voluntary exchanges and individual talents are just.

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• Redistribution to rectify inequalities is unjust, except in cases like monopolization


of essential resources.
Critique of Nozick's View:
A. Ignoring Social Status:
• Ignores role of social status in wealth and power inequalities.
• Fails to account for systemic inequalities in capitalist system.
B. Ill-Founded Argument:
• Nozick's argument doesn't align with realities of capitalist system.
• Overlooks structural factors contributing to inequalities.

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5. Module 5

Equality Summary
Stages:
1. equality of law
2. Ronald Dworkin: Equality in Resources (because how will people use the legal equality if
they do not have the resources to use it?) (equal distribution of resources)
3. John Rawls: 2 principles of justice
a. Maximum liberty for all
b. Equality of opportunity for all
Any inequality for the benefit (difference) of least advantaged. – through generating employment
opportunities, through taxation, etc, which is benefitting the least advantaged.
4. Capabilities building approach – Amartya Sen
If there is equality in building capability, there is equality. Even if there is equality in resources,
people must have the capability to use such resources for their benefit. Hence, it is important to
have equality in capability to reduce inequality in the society.
5. Complex Equality – Micheal Walzer.
Equality in one sphere is not equality in another. In the political sphere, One person One vote is
equality. In the educational sphere, meritocracy is equality. In the economic sphere, equality of
resources is equality.
Hence, in difference spheres of life, different principles must be applied for equality to prevail.
(different methods of rewarding people in different spheres). – limitation: some people can
become influential in all spheres, and that defeats the purpose of equality.

READING – EQUALITY BY ASHOK ACHARYA


What is the need to equalise?
➔ To achieve uniformity – but take for example a situation where everyone has the same
house irrespective of their abilities or needs. This creates more problems than it resolves.
➔ But uniformity is not uniformity of income or resources. It is uniformity of treatment.
Regardless of one’s abilities or gender or whatever, everyone is entitled to equal treatment.
Uniformity ensures fair procedures.
➔ So, equality ensures fairness, it is necessary for self-respect, it creates a duty on everyone
to treat everyone else with respect, and it also fosters fraternity.

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Equality of Welfare
➔ Jeremy Bentham
➔ Equality can be achieved through welfare distribution. Welfare = net happiness over
suffering/pain.
➔ It is not concerned with how much resources people get, but only concerned with if these
resources help one reach satisfaction and happiness.
➔ So everyone’s welfare must be met irrespective of inequality in resource distribution.

Equality of Resources:
➔ John Rawls and Ronald Dworkin
➔ Dworkin has two methods through which equality can be achieved:
➔ 1. Ambition sensitive: let people choose what ambitions they want to enjoy based on their
capability after giving people equal resources to choose.
➔ 2. Insurance scheme: since all people in the society are not inherently equal (some people
have disabilities), people should create an insurance backup that helps them equalise/level
the playing field for them too (by methods like taxation).
➔ Rawls on the other hand thought equality could be achieved when:
➔ 1. There is maximum liberty given to people.
➔ 2. There is equality in opportunity for all. If there is inequality in opportunity, it should
only exist for the least advantaged in the society.

Equality of Capabilities:
➔ Amartya Sen
➔ Equality can be achieved by focusing on people’s capabilities, instead of income or
resources.
➔ Real freedoms: being able to read, being able to be politically active, being healthy, being
able to take part in the life of the community, etc.
➔ Focus should be on what people are able to be and do.
➔ Resources can be provided to people, but they should be capable to use it. E.g., books can
be given to people. But, if they are illiterate, they cannot use them.

Complex Equality:
➔ Micheal Walzer
➔ There is a plurality in addressing equality.

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➔ The same goods have different meaning in different societies.


➔ In a society of atomic families, the creche facility makes sense. But in a joint family society,
creche may seem useless.
➔ So the meaning attributed to resources matters as much as the resource itself when it is
being distributed.
➔ Hence, equality is different in different spheres.
➔ Equality in one sphere is not equality in another. In the political sphere, One person One
vote is equality. In the educational sphere, meritocracy is equality. In the economic sphere,
equality of resources is equality.
➔ But, some groups ca monopolise one sphere, and then use their power to achieve unequal
distribution of resources in other spheres. This leads to tyranny and dominance.

Relationship between Liberty and Equality

What is the relationship between liberty and equality? Without equality, there is no sense of
freedom. BR Ambedkar, ‘What India had after independence was political equality. Without Social
Equality, there is no sense in having political equality.’
Hence, to enjoy liberty, equality is essential. Patriarchy, caste system, etc., does not give the
freedom to the oppressed to have a choice.
Natural inequality: natural talents that society rewards (like singing, sport talent, etc in the present
society, and hunting talent in the hunting gathering society.) it depends on how the society rewards
that particular talent the creates inequality.

Basis Aristocracy Meritocracy


Natural Inequality (virtue by birth) (Virtue by hard work)

Social Inequality No matter what hard work Some people that are not able to
they do, they can never be gain the same merit are still
king losers in this society, but this is
justified by saying that people are
now in the level of society that
they actually deserve. There is an
option to improve life.

So the objective is not to reduce the gap of inequality, just to make the possibility of change
available.

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Hayek:
➔ Free Market Society
➔ Distinction Between Merit and Value
Merit – moral judgement
Value – what someone is willing to pay for something
➔ However, the society doesn’t reward one’s merit. It rewards the merit according to the
demand and supply of the market for that particular skill. (merit is rewarded according to
its value)
➔ Forceful transfer of property is injustice (taxation, socialism, etc). Any inequality created
through market is justified according to free market liberalists.

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6. Module 6

Justice Summary
➔ 2 principles of Justice by RAWLS (1. equality of liberty, 2. (a). equality of opportunity, 2.
(b). difference principle)
➔ Robert Nozick – Entitlement Theory
➔ Micheal Sandel (meaning of justice should be more comprehensive)
➔ Natural Justice, Moral Justice, Legal Justice

Robert Nozick:
➔ Libertarian Idea
➔ Natural and Social Lotteries violation of other people’s entitlements.
➔ Historical v. End State.
Acquisition – if there is transfer willingly, then its fair. But if it was done through coercion, then
there must be rectification. Resource redistribution should be done only if the resource was
procured through wrong means.
➔ State must have a minimal role in justice; only that of a watchdog.

Procedural and Substantive Justice


➔ Procedural: focusing on questions of level play
➔ Equality before law, due process of law
➔ Equality of opportunity
➔ Hence Procedural is more like Nozick’s idea
➔ Procedurally, everything is taken care of
➔ Arbitrary discrimination must not happen (without following due process)

➔ Substantive: redistribution of resources


➔ Social equality, fairness
➔ Outcome based arrangements

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READING – JUSTICE BY KRISHNA MENON


1. Distributive/Substantive Justice
➔ Irrespective of people’s capabilities, their needs should be fulfilled. But society cannot
accept a maid who has seven children to live in a 4 bedroom apartment, and a
neurosurgeon with only one child to live in a two bedroom apartment.
➔ Substantive justice is people actually getting what they need, instead of just having access
to what leads to the fulfilment of their needs.
➔ It is based on fairness. Example, taxation.
➔ E.g., a student failed an exam because he didn’t study – (easy to say he deserved it). but he
didn’t study because his alcoholic father. Then is him failing justice?
➔ This kind of justice is against the concept of desert (a situation where men and women get
rewards or punishments are the direct consequences of their efforts and actions)

2. Procedural Justice
➔ State has no right to interfere in individual entitlements.
➔ The society as a whole is not moving towards any particular ‘ends’, and hence, the market
society makes the best use of resources, and must not be tampered with.

A. Robert Nozick (Procedural Justice)


➔ Libertarian idea of justice
➔ If one acquires property in a fair manner, it should not be taken away from him to be
redistributed for the benefit of others – that would be unwanted intrusion of state.
➔ However, if someone commits fraud to acquire some property, that property can be
redistributed.
➔ His idea of justice is minimal state, which only performs the work of a watchdog. Individual
liberty maximises justice.
➔ However, if the supply of something is essential to life, then a single individual must not
misappropriate it – if there is only one waterhole, a single person should not control it and
charge whatever he wants for water.

B. John Rawls (Procedural Justice)


➔ Justice = meticulous following of rules.
➔ But he agrees that even following of rules create injustice. To avoid this injustice, he asks
people to choose rules that will be in conformity with distributive justice.

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➔ He proposes the theory of Veil of Ignorance – if a person is kept in dark about their
gender, race, ethnicity, caste, and all other discriminatory factors, then that person is more
likely to choose rules that are equal for all, because the fear that once the veil is removed,
and the person might find himself to be the discriminated group will keep him from
choosing rules that are overly favouring one group.
➔ Hence, his theory is egalitarian, which proposes:
1. Maximum and equal liberty for all
2. If there is any inequality, it should be such that
a. It benefits the least advantaged
b. It is attached to offices and positions that are open to all, with the
concept of fair equality and opportunity
(this was followed in India also, with the reservation policy)

Limitation of Rawls Theory of Justice:


➔ The economy of a family will always lead them to have inequalities (either for the better or
worse). Hence, not much is gained by attempts at ironing out inequalities.
➔ Rawls accepts the inevitable class division based on income and wealth.
➔ Rawls egalitarian view of justice seems to be a counter to libertarian ideas.

Communitarian Critique
➔ Individuals can only be identified in preexisting social conditions. Rawls theory is too
universal,
➔ Criticises the Veil of Ignorance and says that if an individual is stripped down from identity
markers and kept in ignorance of social situations, how can any decision they make be
relevant in the social context?
➔ Micheal Walzer – no society is inherently just or unjust – it has to be evaluated based on
the meaning attached to goods. For example, as long as a person understands and is part
of the caste system, to him, distribution of goods based on caste system will be just.

Feminist Critique
➔ Rawls does not consider family as a component of justice
➔ Family is considered to be private, and justice prevails in the public sphere.
➔ But this assumption overlooks the fact that the public institutions have a great bearing on
what really goes on in the family.

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➔ Hence, Susan Moller Okin argues that a theory of justice which overlooks the injustice in
the family is incomplete.
➔ For example, unequal division of labour in the private sphere, that is the woman cooks,
cleans and provides childcare, leads to her having less time to work outside the family and
make a career for herself, as opposed to a man, who only focuses on his career.

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