ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Sources of Rights PRESENTATION OF THE ISSUE As mentioned earlier the search for ones rights is a lofty sacrosanct human value so much so that it is considered to be the mother of all other social values. But the word right by itself does not represent anything or a deed in particular. It cannot precisely specify its meanings.

For instance, the meaning of justice can be specified only when a right is stipulated in advance so that its restoration to its owner is considered as the applicability of justice. In other words the concepts of rights of rights and justice are not substantial concepts which could be obtained by the realization of its instances and may not need rational considerations and comparisons.

A particular move or action cannot always be considered as illustrative of right and justice nor can another type of move or deed can always be considered as unjust and oppressive. In certain given circumstances, even beating, injuring and killing may be considered as a case of right and justice. For example, if it was a case of reprisal or legal punishment.

Hence the legality or illegality of such actions depends on the fact whether it was done as a reprisal or punishment or committed as and original act without the other party which is beaten, wounded or killed, having committed a crime. So long as such considerations and comparisons are not made, the outward act cannot be defined as right and justified or illegal and cruel. Hence, the most fundamental issues of the philosophy of rights is as to what is the origin of rights?

What is the basis determining the rights and obligations of persons in varied conditions? In other words what is the source of segregating the titles of rightful and the wrong. Just and unjust? What considerations and distinctions should be carried out to distinguish between these titles?tles? Some may say that instances of right and justice can be recognized through wisdom and natural instinct.

Every wise person knows that snatching a piece of bread from a hungry orphan child is cruelty and its restitution a justice. On the whole depriving an owner of his property. Whatever it may be, or aggression on any ones life and honor is cruel and unjust, but consumption from ones own property and protection of ones own life and dignity is rightful and just. But such replies are the outcome of simplicity and lack of in-depth-thinking of scientific and philosophical issues.