Rights and Duties
1924; The Yale Law Journal Company; Volume: 33; Issue: 5 Linguagem: Inglês
10.2307/788021
ISSN1939-8611
Autores Tópico(s)Judicial and Constitutional Studies
ResumoWe hold these truths to be self-evident: that all men are created equal and are endowed by their Creator with certain inalienable rights. This statement, in spite of literal inaccuracy in its every phrase, served the purpose for which it was written. It expressed an aspiration, and it was a fighting slogan. In order that slogans may serve their purpose, it is necessary that they shall arouse strong, emotional belief, but it is not at all necessary that they shall be literally accurate. A large part of each human being's time on earth is spent in declaiming about his rights, asserting their existence, complaining of their violation, describing them as present or future, vested or contingent, absolute or conditional, perfect or inchoate, alienable or inalienable, legal or equitable, in rem or in personam, primary or secondary, moral or jural (legal), inherent or acquired, natural or artificial, human or divine. No doubt still other adjectives are available. Each one expresses some idea, but not always the same idea even when used twice by one and the same person. They all need definition in the interest of understanding and peace. In his table of correlatives, Hohfeld set right over against duty as its necessary correlative. This had been done numberless times by other men. He also carefully distinguished it from the concepts expressed in his table by the terms privilege, power, and immu nity.' To the present writer, the value of his work seems beyond question and the practical convenience of his classification is convincing. However, the adoption of Hohfeld's classification and the correlating of the terms right and duty do not complete the work of classification and definition.2
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