Objectively, right means what ought to be, equitable,
reasonable, just or something which is due to the others.
Subjectively, right means a moral power or well-
founded claim to do, to hold, or to receive from others.
Juridically, rights are attached to persons, and also
understood as the correlative of duties. In other words, rights imply duties. Thus, when there are rights, there are duties. Subject Person who is vested with the moral power to do, to hold, or to exact something as his own. Object Refers to the right to which person has a right. Kinds of object of right: 1. Right to commit or omit 2. Right to keep or hold 3. Right to demand something from others Title Refers to the bases of a right demanded by the person who has the capacity to exercise such right. Term Refers to the duty that corresponds to the person’s right. The law is the origin of right. The law confers the right of a person to lay or hold of something this moral power against the claims of others. Hence, no laws means no rights; if there are laws, there are rights. Natural Rights Which man acquired by birth. Also known as natural rights or human rights. Acquired Rights Which man gains through the fulfillment of some conditions. Public Rights Rights which are possessed by a perfect society. i.e., Church and State Private Rights Rights which are possessed by an individual or imperfect society. Positive Rights Rights which do not command upon a person the power to do something. Negative Rights Rights which command upon a person power not to perform something. Alienable Rights Rights which can be renounced and transferred. Inalienable Rights Rights which cannot be renounced and transferred since they are indispensable for a person’s basic obligation. Perfect Rights Are those which are enforced by law. Also known as legal or juridical rights. Imperfect Rights Those rights which are not enforced by law. Also known as nonjuridical rights. Limitation The law limits the right since the law is its source. The limitation of rights should be properly observed, otherwise, the rights of others are violated. Collision There is a collision when two rights are in conflict. Nevertheless, greater rights should prevail over the lesser ones. Inviolability If the right of a person is violated, the person can use physical force in defense of it or enforcing it. 1. Protection of right 2. No other means for protecting the right 3. Aggression of the violator of right 4. Important rights like life, dignity, freedom, and etc. Meaning Duty means anything that ought to be done or omitted. It is the moral obligation of a person to respect the right of others. Natural Duty Which is imposed by the Natural Law. i.e. duty to preserve one’s life Positive Duty Which comes from positive law. i.e. duty to pay taxes Affirmative Duty Refers to the moral obligation of a person to do an act. i.e. morality (do good, and avoid evil) Negative Duty Refers to the moral obligation of a person to avoid or omit something. i.e. do not steal Perfect Duty Which obliges one under strict justice. i.e. duty of employer Imperfect Duty Which does not obligate a person from the standpoint of justice. i.e. duty to give donations
Libro. Manfred Riedel (Auth.), Juha Manninen, Raimo Tuomela (Eds.) Essays On Explanation and Understanding - Studies in The Foundations of Humanities and Social Sciences 1975 PDF