Notes

rights and duties are coo relative explain with illustration

The law protects the legal right of every citizen. By being a citizen of the country, the people are given the legal right. It is the duty of every individual to protect the rights of each individual.when people come into contact as a member of society, they have certain legal right and duties towards one another. These right and duties regulated by the prevailing law in the society. It is the establish fact the main purpose of law is the protection of the society. To establish this fact it is essential that Sovereign or Sate use its physical force for the enforcement of legal right and duties and punish those who violate these rights.
Law consist those rule which regulate the human society, and it is the state which enforce these right and duties created by the state.

DUTY :Duties- It is an obligatory act, or it is an act opposite of it means would be wrong. It is an act which one ought to do, aan act the opposite of which would be a wrong.
Kind of Duties-
1. Moral duties
2. Legal duties.
I. Positive and Negative Duties- When a law obliges a person to do and act it is called the positive duty. And when law obliges him/her to refrain from doing an act it is called the negative duty.
II. Primary and Secondary Duties- A primary duty which is exists per se and is independent of any duty, which the duty which has no independent existence, but exist only for the enforcement of other duties.
III. Absolute and Relative Duties- Absolute duties owns only by the state, which generally called the crime and remedy of it is punishment. Relative duties are owns by any person other than the one who is imposing them, the breach of it called the civil injuries. Which is repressible by compensation -(Hibbert).
Austin says- Relative duties which have corresponding rights.
Austin defined 4 kind of duties-
1. Self duty- exp not commit suicide.
2. Public duty- not to commit nuisance.
3. Duty towards who are not human being duties towards God or animal.
4. Sovereign- Duty towards sovereign.
Salmond-Reject the concept of Absolute duty he said there can be no duty without the right.


RIGHTS
In general word, it means that the action which is permitted by the law is called legal right or the act which is recognized or protected by the state is called legal right.
According to Salmond:
A legal right is an “interest which is protected and recognized by the rule of law. It is an interest which has its duty and disregard of which is wrong”.

According to Gray:

A legal right is “that power which the man has, to make a person or persons to do or restrains from doing a certain act or acts so far as the power arises from society imposing a legal duty upon the person or persons. He states that the “right is not the interest itself, it is the means to enjoy the interest secured”.

Correlation between Rights and Duties
The two most important views regarding whether the rights and duties are correlated or not are Salmond’s view and Austin’s view.

According to Salmond “no right can exist without any corresponding duty and vice versa.” He believed that every duty which is being performed is in respect of a correlated right attached to it.

On the Contrary what Austin has to say is that all the types of duties are not similar and they are divided between relative and absolute duty. Relative duties are the one which have corresponding rights whereas Absolute duties are the one which are independent and have no rights correlated to them. For example, not to commit suicide, is one of your absolute duty, there is no corresponding right here.

According to Austin there are a bunch of duties which fall under absolute duties. Such as duties to self, duties to sovereign etc. These are certain duties which are to be followed and have no corresponding relations with rights. But Austin’s view has been criticized a lot lately. Salmond has concluded that duties towards self becomes part of criminal law and thus becomes legal duty and duties to sovereign/state are always corresponding to the rights which are granted to us by the states.
And The most accepted view regarding rights and duties over the time is that they are necessarily correlative. They are the two most inevitable components existing together in present day society.

As we can describe a right as a power or privilege conferred by law which people enjoy and on the other hand duty is a burden imposed by law which commands obligeance for the good of society. And in order to enjoy a right properly there is a need for other people to consider and respect it. Hence in this way we can say that enjoyment of right by one person grants duty on another person to respect it. Thus they work in corollary. They act as two phases of a single coin. For example if the state has guaranteed right to life, the
Rights act as an interest and legal rights become legal interests and these legal interests are backed by law and in this case a duty is imparted on law to protect these rights.
The state guarantees certain rights to all of its individuals to promote welfare of the society and protection of such rights is the state’s duty. Also when state is guaranteeing rights it becomes a corresponding duty of the citizens to respect the state and do not create hindrance in the functioning of state. It becomes an individual’s duty to serve the state in his whole capacity.

Essential element of legal Rights
There are five elements of legal rights-
The person of Inherence- This is also called the Subject, the legal right always vested in a person, without a person of inherence there cannot be a legal right.
2. The person of Incedence- The right avail against a person, he is a person bound by the duty and so may be describe the Subject of duty.
3. Content of the Right- Act or omission which is obligatory on the person bound in the favor of the person entitle.
4. Subject matter of right- it is something which act or omission is relate, it may be the object.
5. Tile of Right- every legal right has a title that is certain fact over event.
Enforcement of legal rights-
Through the agency of court of law established by State it can be enforced. The usual method of legal right is –
Award of damages in civil cases.
Grant of an injunction- where by a party is restrained from doing an act which is likely to affect the plaintiff adversely in enjoyment of his legal right.
Right in a wider sense-
Salmond suggested-
Right Other persons ought to do in my behalf.
Liberty- I may do without the interference of law.
Power- I can do effectively against other.
Immunity- Other cannot do effectively against me.
Classification of Legal Rights.
Perfect and Imperfect Rights. A/c Salmond – Perfect right is one which correspondent to legal duty, and not only recognized by law but also enforce by law.
Where as imperfect right though recognized by law but not enforceable by law, a time barred dept is the example of it.
Positive and Negative Rights. The nature of co relative duty defines the positive or negative rights, if a person is bound to do something then it is a positive right, if a person is refraining to do an act it is a negative right.
Proprietary and Personal Rights. Proprietary rights related to economic or monetary rights or right of wealth. For exp money in some one pocket or in bank, right to debt , land etc. Personal rights related to ones well being for example- right of reputation, freedom, liberty etc.
Right in re propria and rights in re aliena.
.re propria- Right over one's property.
.re aliena- Right over the property of someone else.
Principle and Accessory Right- Principle rights are independent rights, but accessory rights are ancillary rights of principle rights. For example – A piece of land has a right is the principle right but the right of way is the accessory right of adjoining land.
Public and Private rights- When the right is vested in the Sate is called the public right whereas the private rights concerned only with the private individuals.
Jus ad rem- a right which is originated from another right is called jus ad rem. A person of inherence has a right to have some other right transferred to him