Rethinking Libral Interest and Rights: A Case for Group Rights

In Doris Obiano, Christian Agama, Kenneth Chukwu & Benedict Igbokwe (eds.), Trends and Approach to Multidisciplinary Issues in the Academia: A Festschrift in Honor of Rev. Prof. Jude Onuoha. MEZ Publishers Limited. pp. 139-155 (2022)
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Abstract

The liberal conception of rights which has dominated the greater part of the 19th and 20th centuries is still very relevant today with its emphasis on individual interests. The liberals consider the rights or the interests of individual members of the society as trumps over group interests. Under the liberal harm and offence principles for example, they hold that whatever interests claimed by the groups should have adequate protection under individual interests or rights. This paper, while recognizing the controversies and difficulties in a wholesome acceptance of group rights, aims to show that the considerations of the liberal harm and offence principles that ignore the interests of groups or collectives will be incomplete in handling or managing the problems of the political society. We argue that in spite of the difficulties and controversies related with group interests and rights, we cannot ignore the constant problems of the political society that require proper attention to such interests. Our major interest is therefore to show that there is certainly a good case for its recognition in the language of rights. The theory of group rights that stresses the independent existence of group interests from that of individuals is particularly admirable and may not be ignored easily in modern political thinking.

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John Ezenwankwor
Nnamdi Azikiwe University Awka Nigeria (Alumnus)

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