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Rights and Duties in Law Explained

Rights and duties are important elements of law that are correlated to each other. A right is always against someone who has a correlative duty, and a duty is always owed to someone who has the correlative right. For example, if X has the right to not have Y trespass on their land, Y has the duty to stay off X's land. While some believe every duty must have a correlative right, others argue there can be absolute duties without a corresponding right, such as criminal laws that impose duties for the benefit of society rather than any individual.

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155 views3 pages

Rights and Duties in Law Explained

Rights and duties are important elements of law that are correlated to each other. A right is always against someone who has a correlative duty, and a duty is always owed to someone who has the correlative right. For example, if X has the right to not have Y trespass on their land, Y has the duty to stay off X's land. While some believe every duty must have a correlative right, others argue there can be absolute duties without a corresponding right, such as criminal laws that impose duties for the benefit of society rather than any individual.

Uploaded by

Rakshi Padhan
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© © All Rights Reserved
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RIGHTS AND DUTIES :

Rights and Duties are the very important


elements of law.
The administration of justice, in most part,
consists of the enforcement of rights and the
fulfilment of duties.
Rights and Duties are correlated to each other
in such a way that one cannot be conceived of
without the other.
In other words, the existence of the one
depends on the existence of the other as there
can be no child without a father and no father
without a child.
A right is always against someone upon whom
the correlative duty is imposed. In the same a
duty is always towards someone in whom the
correlative right vests.
Hohfeld gave an example wherein X has a right
against Y that he shall stay off the X’s land. The
invariable correlative thereof is comprised in
the fact that Y is under a duty towards X to stay
off X’s land.
In Hohfeld’s opinion, the word “claim” is the
most suitable synonym for the word “right” in
terms of its precise and most appropriate
meaning.”
Salmond thought that every duty must have a
correlative claim somewhere.
Austin admitted that some duties have no
correlative claims, and he called these ‘absolute
duties.
👍His example involve criminal law. Duties in
criminal law are imposed with reference to and
for the benefit of members of the society, none
of whom has claims correlative to these duties.

👍 statutory duties furnish other examples.


It rests on the interpretation of each statue
whether the duties created by it are correlative
to any claims in the persons contemplated by
the duties.

There are some jurists who do not agree to this


view. They said that there can be duties
without a corresponding right. They call duties
as 'absolute duties'.
As a correlative, legal right always have a legal
duty.This pair of terms expresses the same jural
relation, although seen from different points of
view."

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