Author: Editorial Team
In jurisprudence, rights and duties are two sides of the same coin. Rights are the legal entitlements that individuals possess, while duties are the obligations that individuals owe to others. The relationship between rights and duties is often described as a “correlation” because they are interdependent and cannot exist without each other. The concept of legal rights and duties has been discussed by many jurists over the years. According to Holland, a legal right is “an interest recognized and protected by a rule of law”. Salmond defines a legal right as “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”. Gray defines a legal right as "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”. The following chart illustrates the correlation between rights and duties:
Different scholars have propounded different theories regarding the correlation between rights and duties. The two most important views 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 types of duties are not similar and they are divided between relative and absolute duty. Relative duties are the ones which have corresponding rights, whereas absolute duties are the ones which are independent and have no rights correlated to them.
Please note that this table is not exhaustive, but it provides a brief overview of the correlation between rights and duties in jurisprudence.
The following chart illustrates the differences between rights and duties:
According to Salmond, there are five essential conditions that need to be fulfilled for a legal right to exist:
The person of inheritance/ Subject of right: He shall be the person who is the owner of the right. He is the subject of the legal right.
The subject of duty/ the person of incidence: It is the duty of another person or persons to respect and recognize the right of the person.
Contents or Subject Matter of legal right: The subject matter of legal right is an essential element. It deals with the subject matter of the legal right. It obligates the person to forbear or act in favour of the person possessing a legal right.
The object of the legal right: The object of the legal rights is a thing or object over which the legal right is exercised.
Legal Sanction: Legal sanction is an essential element for every legal right.
The following table depicts the characteristics of legal rights:
Kinds of Rights
In law, rights are legal, social, or ethical principles of freedom or entitlement. Here are some of the rights you asked about:
Right in rem: Also known as jus in rem, it is a right that is available against the entire world. It protects a person’s property from the entire world. This is why we call such a right as a negative right. Because it gives the right to any person to be left alone. This means that no other person can interfere with his right. For example, Mr. X owns a house. This house exclusively belongs to him. He has right in rem with respect to the house. So nobody can interfere with his ownership of the house.
Right in personam: Also known as jus in personam, it is a right that gives the person rights against one person or party to the contract. It generally will correspond with a duty imposed on the said person or party. The Indian Contract Act grants rights in personam to the parties of a contract. So the parties of a contract have these contractual rights only against each other.
Right in aliena: Also known as jus in re aliena, it is a right available against the property of another person. For example, the right of easement.
Right in propria: Also known as jus in re propria, it is a right in respect of one’s own property. It contemplates absolute ownership.
Remedial Rights: These are rights that are available to a person to enforce his substantive rights. Remedial rights include the right to sue, the right to appeal, and the right to execute a decree.
Perfect Rights: These are rights that are complete and enforceable. Perfect rights include ownership rights and contractual rights.
Imperfect Rights: These are rights that are incomplete and unenforceable. Imperfect rights include natural rights and moral rights.
Positive Rights: These are rights that impose an obligation on others to provide something to the person who holds the right. Positive rights include the right to education, healthcare, and social security .
Negative Rights: These are rights that impose an obligation on others not to interfere with the person who holds the right. Negative rights include the right to life, liberty, and freedom of speech .
Vested Rights: These are rights that have already accrued or matured. Vested rights cannot be taken away by law or by any other means.
Contingent Rights: These are rights that may or may not accrue in the future depending on certain conditions. Contingent rights include contingent interests in property.
Legal Rights: These are rights that are recognized and enforced by law. Legal rights can be classified into various categories such as civil rights, political rights, economic rights, social rights, and cultural rights .
Equitable Rights: These are rights that arise from principles of equity rather than from strict legal rules. Equitable rights include the right to specific performance of a contract and the right to an injunction.
Corporeal Rights: These are tangible or physical rights such as ownership of land or goods.
Incorporeal Rights: These are intangible or non-physical rights such as intellectual property or easements.
Primary Rights: These are fundamental or basic human rights such as the right to life, liberty, and freedom of speech .
Accessory Rights: These are subsidiary or secondary rights that arise from primary or substantive rights. Accessory rights include remedial and procedural rights .
Public Rights: These are those which belong to individuals as members of society and which cannot be surrendered for the sake of individual benefit. Public rights include political and civil liberties such as freedom of speech and religion .
Private Rights: These are those which belong to individuals as individuals and which can be surrendered for individual benefit. Private rights include property and contractual rights .
Legal duties can be classified into two categories: primary and secondary duties. Primary duties are those that arise from a direct relationship between two parties, such as a contract or tort, while secondary duties are those that arise from a general relationship between all members of society, such as paying taxes or obeying traffic laws.
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