a critical evaluation on the concept of justice in planning process

2.4.3. Liberties and Rights in the Development Process of Liberal Rule
of Law First Stage Rights: Individuals’ Liberties and Political Rights
These rights at first came out as the rights providing the security and autonomy
of individuals in front of government and others. Today, however, they reached to a
state where individuals choose the conditions of their own future and improve
themselves. Rights and liberties within this scope are; thought freedom, freedom of
assembly and association and rights of participation. Starting of “liberty of individuals
and political rights” which are called as “classic” or “basic” today bases on conflicts
between aristocracy and bourgeois. With their classical meaning rights and liberties they
have a classificational property because it was born from the struggle of bourgeoisie and
feudality and it represents classic-liberal liberty which also represents the benefits of
bourgeoisie. Even though the thought and historical sources of human rights goes even
further in the past, with the “the individualistic doctrine” and “natural law” 22 trends born
in 17 th and 18 th centuries established the theoretical data of traditional liberties’
formulations (Kabo lu, 2002, 41-42).
Kabo lu considers the basic of first stage “individuals’ liberty and political rights” as
liberal doctrine. Liberalism as an individualistic approach gives priority to individuals
in front of the society; a thought of individuals as first merit in society even as the aim
of social organization and develops on the basis of showing respect to individualistic
entrepreneurship and preferences. Society is necessary for the improvement of
individuals however is secondary and just a “tool”. Individual on the other hand is the
owner of rights. Order of state-society and individual is like individual-society-state”
(Kabo lu, 2002, 268-267).
Specificity of first stage human rights is that people are born free and equal and
that people are born free and equal and that the political power origins from them and so
it determines what these people who are entrusted, cannot do. Everybody can benefit
from these rights and liberties which their realization depends on the political power not
interfering them according to their abilities.
22 In natural law approach the human nature has some properties like protecting itself, motive to continue
its species and natural rights. Rights to live, freedoms, searching for happiness are among natural rights.
These rights are not historical, in other words they do not depend upon time and space and are organic
parts of human being ( aylan, 1990; Cevizci, 1996, 157).
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