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Meaning Of Rights And Duties

By Edited Nov 13, 2013 0 0

Meaning Of Rights

Ordinary, right means that to which one is morally or legally entitled.  Right means something that is due to a person by claim, legal guarantee or moral principles. Right in its broad sense means what a person is entitled to by virtue of a special person or relations with a position or with the state or a person. Therefore right is a legally enforceable claim of a person against another.  It is a power, privilege or immunity guaranteed under a constitution, as a result of long usages. 

A right may be classified in various ways and style.  Thus, a right may be perfect or imperfect according to whether the action or scope is clear, settled or vague.  Rights are also either in personam or inrem. The former imposes an obligation on a define person or imposed on persons generally (inrem).  They may be primary. These can be created without reference to rights already existing, or secondary – arising only for the purpose of protecting primary rights.

Other classes are judicial or extra judicial, absolute and qualified, legal or equitable.  Legal rights are where the person seek to enforce the right for his own benefit as the legal title and a remedy at law or enforceable in equity as in equitable right.  Rights could be civil, natural, constitutional, political personal, absolute or relative.

            Meaning Of Duties 

Any human action which exactly conform to the laws which requires us to obey them or any legal or moral obligation that one has by law or contract (or agreement) or an obligation to conform to legal standard of reasonable conduct in light of an apparent risk, an  obligatory conduct or service.  It is a mandatory obligation to perform an obligation recognized by law.  It is specie of obligation.  The Black Law Dictionary defines a legal obligation that is owned or due to another and that need to be satisfied: an obligation for which somebody else has a corresponding right.

 The Law Dictionary defines a duty as “a thing due, that which is due from a person that which a person owes to another.  A legal obligation that own or due to another and that need to be satisfied: an obligation which somebody else has a corresponding right.

It has several uses, but in its jurisprudential usage, the word is the correlative of right.  Thus, where there exist a right any person.  There also exists a corresponding duty upon some other persons.

It should be stated that in certain extraneous circumstance, it may happen that after a duty has been created, its moral disappear.  In which case, the duty separates itself from the prevailing morality and the pressure then solely respect for law.  

In general, what constitutes a duty has to pass through a litmus test.  Thus, a duty has to be general (not design for an individual, promulgated by an authority, prospective, intelligible (prescribed and known), consistent in itself, capable of fulfillment, constant through time and congruent with official action.

A legal duty differs from a moral duty because the former is visited with letter sanction if a breach.  In the letter, there are no clear cut punishment except loss of prestige and pride. Duty like right is created from the outcome of a special relationship or a contract as a result of the direct or indirect provision of a law as the case of the citizenship as in the constitution. By virtue of this special relation with the State, the citizen is protected and from which certain rights and duties are accrued.    

 


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