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Rights and Duty are Correlative

Updated on November 29, 2009

There are different views with respect to the proposition that rights and duties are correlative. According to Austin a person may be said to have a right when another or others are bound or oblige by law to do or forbear towards or in regard of him . According to Holland, every right, whether moral or legal implies the action or passive furtherance by other of the wishes of the party having the right. Whenever one is entitled to such is said to be their duty. When such furtherance is only expected by the public opinion of the society in which they live, it is their moral duty. Where it will be enforced by the power of the state to which they are amenable, it is their legal duty.

Professor Keaton says that a duty is an act or forbearance compelled by the state in respect off a right vested in another and the breach of which a wrong. speaking of a right indicted that we are look in at the legal protection of an interest from the standpoint of those who must refrain from interference with the interest. In which vies of the matter, every right implies a correlative duty.

Austin says that a duty is either absolute or relative. To absolute duty there is no correlative right but to relative duty right corresponds.

Professor Allen supports the view of Austin about absolute duty and denies that there are correlative right in the state when that state perform its duty. For instance compelling children to go to school, to be vaccinate, prohibits the sale of certain drugs and liquors.

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