Jurisprudence - Legal Rights and Duties

Jurisprudence - Legal Rights and Duties

Definition, Basis and Characteristics & Types of Legal Rights

by : 
Vijay Sardana
Advocate, Delhi High Court

Rights: Meaning, Features and Types of Rights

Rights are those essential conditions of social life without which no person can generally realize his best self. These are the essential conditions for the health of both the individual and his society. It is only when people get and enjoy rights that they can develop their personalities and contributes their best services to society.

Rights: Meaning and Definition:

In simple words, rights are the common claims of people which every civilized society recognizes as essential claims for their development, and which are therefore enforced by the state.

1. “Rights are those conditions of social life without which no man can seek in general, to be himself at his best.” -Laski

2. “Rights are powers necessary for the fulfilment of man’s vocation as a moral being.” -T. H. Green

3. “Rights are nothing more nor less than those social conditions which are necessary or favourable to the development of personality” -Beni Prasad

As such, Rights are common and recognized claims of the people which are essential for their development as human beings.

Features/Nature of Rights:

1. Rights exist only in society. These are the products of social living.

2. Rights are claims of the individuals for their development in society.

3. Rights are recognized by the society as common claims of all the people.

4. Rights are rational and moral claims that the people make on their society.

5. Since rights in here only in society, these cannot be exercised against the society.

6. Rights are to be exercised by the people for their development which really means their development in society by the promotion of social good. Rights can never be exercised against social good.

7. Rights are equally available to all the people.

8. The contents of rights keep on changing with the passage of time.

9. Rights are not absolute. These always bear limitations deemed essential for maintaining public health, security, order and morality.

10. Rights are inseparably related with duties. There is a close relationship between them “No Duties Ho Rights. No Rights No Duties.” “If I have rights it is my duty to respect the rights others in society”.

11. Rights need enforcement and only then these can be really used by the people. These are protected and enforced by the laws of the state. It is the duty of a state to protect the rights of the people.

All these features clearly bring out the nature of Rights.

Types of Rights:

1. Natural Rights:

Faith in natural rights is strongly expressed by several scholars. They hold that people inherit several rights from nature. Before they came to live in society and state, they used to live in a state of nature. In it, they enjoyed certain natural rights, like the right to life, right to liberty and right to property. Natural rights are parts of human nature and reason.

However, several other scholars regard the concept of natural rights as imaginary. Rights are the products of social living. These can be used only in a society. Rights have behind them the recognition of society as common claims for development, and that is why the state protects these rights.

2. Moral Rights:

Moral Rights are those rights which are based on human consciousness. They are backed by moral force of human mind. These are based on human sense of goodness and justice. These are not backed by the force of law. Sense of goodness and public opinion are the sanctions behind moral rights.

If any person violates any moral right, no legal action can be taken against him. The state does not enforce these rights. Its courts do not recognize these rights. Moral Rights include rules of good conduct, courtesy and of moral behaviour. These stands for moral perfection of the people

3. Legal Rights.

Legal rights are those rights which are recognized and enforced by the state. Any violation of any legal right is punished by law. Law courts of the state enforce legal rights. These rights can be enforced against individuals and also against the government. In this way, legal rights are different from moral rights. Legal rights are equally available to all the citizens. All citizens enjoy legal rights without any discrimination. They can go to the courts for getting their legal rights enforced.

Legal Rights are of three types:

1.      Civil Rights:

Civil rights are those rights which provide opportunity to each person to lead a civilized social life. These fulfill basic needs of human life in society. Right to life, liberty and equality are civil rights. Civil rights are protected by the state.

2.      Political Rights:

Political rights are those rights by virtue of which citizens get a share in the political process. These enable them to take an active part in the political process. These rights include right to vote, right to get elected, right to hold public office and right to criticise and oppose the government. Political rights are really available to the people in a democratic state.

3.      Economic Rights:

Economic rights are those rights which provide economic security to the people. These enable all citizens to make proper use of their civil and political rights. The basic needs of every person are related to his food, clothing, shelter, medical treatment etc. Without the fulfillment of these no person can really enjoy his civil and political rights. It is therefore essential, that every person must get the right to work, right to adequate wages, right to leisure and rest, and right to social security in case of illness, physical disability and old age.

Kinds of Legal Rights

The term 'Right' in ordinary sense, means, " the standard of permitted action within a certain sphere . It means the standard of permitted actions by law, such permitted action of a person is known as his legal right. Any action of a person permitted by law is called 'right' similarly , the expression 'legal right' means " the standard of permitted action by law.

A legal right may be distinguished from a moral or natural right. Legal right is an interest recognized and protected by law.  In short legal rights are legally protected interest. If any person violate the legal right it would be a legal wrong, and for such legal wrong there is legal remedy.

Legal Rights may be classified under following heads :

1) Right in Rem and Right in Persona -

'Rem' means world and 'Persona' means persons. The Right in Rem is the right available against the whole world while right in Persona is the right against a particular person. Right in Persona generally arises out of contractual obligations for example - breach of contract. Whereas right in rem is generally outcome of law.

For example - Tort, Crime.

Right in Persona is generally transitory in nature, which can be transferred in right in rem. Right in rem is a final thing, whereas right in Persona is transitory in nature.

2) Personal and Proprietary Right -

Personal right is in respect of person of owner of right whereas Proprietary right is in respect of property of which the person is an owner. Proprietary Rights are those, which constitute a man's property or wealth. These are the rights, which possess some economic or monetary value and constitute the estate of the Person. Right to land, debts and Goodwill or patent rights are all Proprietary right.

Personal right includes right to safety, to repetition Personal rights are also important like Proprietary right. For example - right to reputation.  Personal Rights is having no economic value. They relate to Person's well-being or status.

3) Positive and Negative Rights -

Positive rights have corresponding Positive duty. Positive right therefore the right when some positive act is required to be done by the person who has the corresponding duty. Thus the person on whom such duty lies must do some positive act.

While on the other hand negative rights are those rights when some negative act by way of omission is required. Negative rights correspond to negative duty, and the person on whom such negative duty lies shall omit (not to do) such act.

4) Principal and Accessory rights -

The principal right is a basic or main right vested in Persona under law. They are Vital and important Rights. While accessory right is incidental or consequential right. They are not essential but are apparent to the more basic general right.

5) Perfect and Imperfect Rights –

Perfect right corresponds with perfect duty. Perfect rights are recognized and also enforced by law and an action can be taken against the wrongdoer by filing a suit in Court of Law for the breach of it.

While Imperfect right corresponds with Imperfect duty, which are not recognized by law and hence cannot be enforced by law.

For example 'A' advanced loan to 'B'. 'B' is bound to repay that Loan. 'A' has perfect right to recover loan from 'B' and 'B' has perfect duty to pay the amount of loan to 'A'.

If 'B' failed, then 'A' can file Suit against him in court of law for recovery of loan. But if it is time-barred loan, for example no suit filed within the limitation period (within 3 years) and 'A' was sleeping over his right for a pretty long time. 'A' can claim for the same as it becomes imperfect right which cannot be enforced by law.

6) Right in Re-proporia and Right in Re-aliena -

Right in Re-proporia is a right in respect of one's own property. Right in Re-proporia contemplates absolute ownership. Thus it is the outcome of jurisprudence aspect of ownership.

Whereas right in Re-aliena, is the right in respect of property of another person. Right in Re-aliena is the outcome of jurisprudence aspect of dominant heritage and servient heritage. For example - right of easement.

7) Vested and Contingent Right -

Vested and Contingent rights are depending on the relationship as to owner of right and right itself. Vested right means which is already vested in person, the person already has such right through it depends upon the happening of certain events, that event is going to happen. (See also... Vested interest)

Whereas is in Contingent interest the right is dependent upon happening or non-happening of certain events which may or may not happen.

(See also.. Difference between vested interest and contingent interest)

8) Legal and Equitable Right -

Legal rights are the rights given by common law Courts of England. Common law was based on statute by way of custom, usage. Equitable rights are the outcome of law of equity given by the court of chancellor, or equity Court based on principle of natural justice and conscience of Lord Chancellor.

By Judicature Act 1873, 1875 both systems are unified, but as per J. Snell 'Both the systems flow in one stream but their water does not mix.'

After the unification of the both these systems English law came into existence. But still there are certain principles and rights, which are classified as equitable right and legal right.

9) Corporeal and Incorporeal Right -

Here a fine distinction is made of the subject matter of the right. Corporeal rights are having physical existence. For example - I owned a book, the book has physical existence, so my right in respect of the book, is Corporeal in nature.

Whereas incorporeal rights are those right in respect of such subject matter having no physical existence. For example - copyright of the book or trademark. Both Corporeal Incorporeal rights are legally protected rights.

10) Primary and Sanctioning Right -

Primary right is basic right. It is independent Right. These are the right ipso facto. for example - Right in rem; Right to reputation, Right to satisfy is the primary right. If right of reputation is violated then there is legal remedy. in Tort or in Crime. There is force behind it.

Sanctioning rights are the consequential rights. They are not right ipso facto. They are right in Persona, which originate from some wrong. For example - from violation of another right. Thus, Sanctioning Right is supporting right to primary right.

11) Public and Private Rights -

Public Rights are those Vested in by state. For example - right to use High-way, right to vote etc.

A private Right is one which is exercised by an individual to protect his benefit.

Relation between Rights and Duties!

1. Rights and Duties always go together:

Rights and duties are closely related and cannot be separated from one another. Both go side by side. These are the two sides of the same coin. If the state gives the right to life to a citizen, it also imposes an obligation on him to not to expose his life to dangers, as well as to respect the life of others. If I have a right to work and earn, it is also my duty to recognize the same right of others.

2. Right of One is the Duty of Others:

Rights can be enjoyed only in the world of duties. For every right there is corresponding duty. When the people fail to discharge their duties properly, the rights all become meaningless. “I can enjoy my rights only if the others allow me to do the same. I have” the right to life and it is the duty of others to respect my life and not to cause any harm to me.”

3.Rights of a Citizen also implies Duties for him:

Rights are not the monopoly of a single individual. Everybody gets these equally. This means that “others also have the same rights which I have, and it is my duty to see that others also enjoy their rights.” Laski has rightly said that one man’s right is also his duty. It is my duty to respect the rights of others as well as the duty to use my rights in the interest of society.

4.Rights are to be used for Social Good:

Rights originate in society. Therefore, while enjoying rights, we must always try to promote social interest. It is the duty of every one of us to use our rights for promoting the welfare of the society as a whole.

5. Duty towards the State:

Since state protects and enforces rights, it also becomes the duty of all citizens to be loyal to the state. It is their duty to obey the laws of the state and to pay taxes honestly. Citizens should always be ready to defend the state. Thus a citizen has both Rights and Duties. He enjoys rights and performs his duties. Rights and Duties are the two sides of the same coin.