CHAPTER X.

LEGAL RIGHTS.

§ 70. =Wrongs.=

We have seen that the law consists of the principles in accordance with

which justice is administered by the state, and that the administration

of justice consists in the use of the physical force of the state in

enforcing rights and punishing the violation of them. The conception of

a right is accordingly one of fundamental significance in legal theory,

and the purpose of this chapter is to analyse it, and to distinguish its

various applications. Before attempting to define a right, however, it

is necessary to define two other terms which are closely connected with

it, namely, wrong and duty.

A wrong is simply a wrong act—an act contrary to the rule of right and

justice. A synonym of it is injury, in its true and primary sense of

_injuria_ (that which is contrary to _jus_), though by a modern

perversion of meaning this term has acquired the secondary sense of harm

or damage (_damnum_) whether rightful or wrongful, and whether inflicted

by human agency or not.

Wrongs or injuries are divisible for our present purpose into two kinds,

being either moral or legal. A moral or natural wrong is an act which is

morally or naturally wrong, being contrary to the rule of natural

justice. A legal wrong is an act which is legally wrong, being contrary

to the rule of legal justice and a violation of the law. It is an act

which is authoritatively determined to be wrong by a rule of law, and is

therefore treated as a wrong in and for the purposes of the

administration of justice by the state. It may or may not be a wrong in

deed and in truth, and conversely a moral wrong may or may not be a

wrong in law. Natural and legal wrongs, like natural and legal justice,

form intersecting circles, this discordance between law and fact being

partly intentional and partly the result of imperfect historical

development.

In all ordinary cases the legal recognition of an act as a wrong

involves the suppression or punishment of it by the physical force of

the state, this being the essential purpose for which the judicial

action of the state is ordained. We shall see later, however, that such

forcible constraint is not an invariable or essential incident, and that

there are other possible forms of effective legal recognition. The

essence of a legal wrong consists in its recognition as wrong by the

law, not in the resulting suppression or punishment of it. A legal wrong

is a violation of _justice according to law_.

§ 71. =Duties.=

A duty is an obligatory act, that is to say, it is an act the opposite

of which would be a wrong. Duties and wrongs are correlatives. The

commission of a wrong is the breach of a duty, and the performance of a

duty is the avoidance of a wrong. A synonym of duty is obligation, in

its widest sense, although in a special and technical application the

latter term denotes one particular kind of duty only, as we shall see

later.

Duties, like wrongs, are of two kinds, being either moral or legal. A

moral or natural duty is an act the opposite of which would be a moral

or natural wrong. A legal duty is an act the opposite of which would be

a legal wrong. It is an act recognised as a duty by the law, and treated

as such in and for the purposes of the administration of justice by the

state. These two classes are partly coincident and partly distinct. A

duty may be moral but not legal, or legal but not moral, or both at

once.

When the law recognises an act as a duty, it commonly enforces the

performance of it, or punishes the disregard of it. But this sanction of

legal force is in exceptional cases absent. A duty is legal because it

is legally recognised, not necessarily because it is legally enforced or

sanctioned. There are legal duties of imperfect obligation, as they are

called, which will be considered by us at a later stage of our inquiry.

§ 72. =Rights.=

A right is an interest recognised and protected by a rule of right. It

is any interest, respect for which is a duty, and the disregard of which

is a wrong.

All that is right or wrong, just or unjust, is so by reason of its

effects upon the interests of mankind,[170] that is to say upon the

various elements of human well-being, such as life, liberty, health,

reputation, and the uses of material objects. If any act is right or

just, it is so because and in so far as it promotes some form of human

interest. If any act is wrong or unjust, it is because the interests of

men are prejudicially affected by it. Conduct which has no influence

upon the interests of any one has no significance either in law or

morals.

Every wrong, therefore, involves some interest attacked by it, and every

duty involves some interest to which it relates, and for whose

protection it exists. The converse, however, is not true. Every attack

upon an interest is not a wrong, either in fact or in law, nor is

respect for every interest a duty, either legal or natural. Many

interests exist _de facto_ and not also _de jure_; they receive no

recognition or protection from any rule of right. The violation of them

is no wrong, and respect for them is no duty. For the interests of men

conflict with each other, and it is impossible for all to receive

rightful recognition. The rule of justice selects some for protection,

and the others are rejected.

The interests which thus receive recognition and protection from the

rules of right are called rights. Every man who has a right to any thing

has an interest in it also, but he may have an interest without having a

right. Whether his interest amounts to a right depends on whether there

exists with respect to it a duty imposed upon any other person. In other

words, a right is an interest the violation of which is a wrong.

Every right corresponds to a rule of right, from which it proceeds, and

it is from this source that it derives its name. That I have _a right_

to a thing means that it is _right_ that I should have that thing. All

right is _the_ right of him for whose benefit it exists, just as all

wrong is _the_ wrong of him whose interests are affected by it. In the

words of Windscheid,[171] “_Das_ Recht ist _sein_ Recht geworden.”

Rights, like wrongs and duties, are either moral or legal. A moral or

natural right is an interest recognised and protected by a rule of

natural justice—an interest the violation of which would be a moral

wrong, and respect for which is a moral duty. A legal right, on the

other hand, is an interest recognised and protected by a rule of legal

justice—an interest the violation of which would be a legal wrong done

to him whose interest it is, and respect for which is a legal duty.

“Rights,” says Ihering,[172] “are legally protected interests.”

Bentham set the fashion, still followed by many, of denying that there

are any such things as natural rights at all. All rights are legal

rights and the creation of the law. “Natural law, natural rights,” he

says,[173] “are two kinds of fictions or metaphors, which play so great

a part in books of legislation, that they deserve to be examined by

themselves.... Rights properly so called are the creatures of law

properly so called; real laws give rise to real rights. Natural rights

are the creatures of natural law; they are a metaphor which derives its

origin from another metaphor.” “In many of the cultivated,” says

Spencer,[174] criticising this opinion, “there has been produced a

confirmed and indeed contemptuous denial of rights. There are no such

things, say they, except such as are conferred by law. Following

Bentham, they affirm that the state is the originator of rights, and

that apart from it there are no rights.”

A complete examination of this opinion would lead us far into the

regions of ethical rather than juridical conceptions, and would here be

out of place. It is sufficient to make two observations with respect to

the matter. In the first place, he who denies the existence of natural

_rights_ must be prepared at the same time to reject natural or moral

_duties_ also. Rights and duties are essentially correlative, and if a

creditor has no natural right to receive his debt, the debtor is under

no moral duty to pay it to him. In the second place, he who rejects

natural _rights_ must at the same time be prepared to reject natural

_right_. He must say with the Greek Sceptics that the distinction

between right and wrong, justice and injustice, is unknown in the nature

of things, and a matter of human institution merely. If there are no

rights save those which the state creates, it logically follows that

nothing is right and nothing wrong save that which the state establishes

and declares as such. If natural justice is a truth and not a delusion,

the same must be admitted of natural rights.[175]

It is to be noticed that in order that an interest should become a

legal right, it must obtain not merely legal protection, but also

legal recognition. The interests of beasts are to some extent

protected by the law, inasmuch as cruelty to animals is a criminal

offence. But beasts are not for this reason possessed of legal rights.

The duty of humanity so enforced is not conceived by the law as a duty

_towards_ beasts, but merely as a duty _in respect_ of them. There is

no bond of legal obligation between mankind and them. The only

interest and the only right which the law recognises in such a case is

the interest and right of society as a whole in the welfare of the

animals belonging to it. He who ill-treats a child violates a duty

which he owes to the child, and a right which is vested in him. But he

who ill-treats a dog breaks no _vinculum juris_ between him and it,

though he disregards the obligation of humane conduct which he owes to

society or the state, and the correlative right which society or the

state possesses. Similarly a man’s interests may obtain legal

protection as against himself, as when drunkenness or suicide is made

a crime. But he has not for this reason a legal right against himself.

The duty to refrain from drunkenness is not conceived by the law as a

duty owing by a man to himself, but as one owing by him to the

community. The only interest which receives legal recognition is that

of the society in the sobriety of its members.

Although a legal right is commonly accompanied by the power of

instituting legal proceedings for the enforcement of it, this is not

invariably the case, and does not pertain to the essence of the

conception. As we shall see, there are classes of legal rights which are

not enforceable by any legal process; for example, debts barred by

prescription or the lapse of time. Just as there are imperfect and

unenforceable legal duties, so there are imperfect and unenforceable

legal rights.

Rights and duties are necessarily correlative. There can be no right

without a corresponding duty, or duty without a corresponding right, any

more than there can be a husband without a wife, or a father without a

child. For every duty must be a duty _towards_ some person or persons,

in whom, therefore, a correlative right is vested. And conversely every

right must be a right _against_ some person or persons, upon whom,

therefore, a correlative duty is imposed. Every right or duty involves a

_vinculum juris_ or bond of legal obligation, by which two or more

persons are bound together. There can be no duty unless there is some

one to whom it is due; there can be no right unless there is some one

from whom it is claimed; and there can be no wrong unless there is some

one who is wronged, that is to say, whose right has been violated.

We must therefore reject the opinion of those writers who distinguish

between _relative_ and _absolute_ duties, the former being those which

have rights corresponding to them, and the latter being those which have

none.[176] This opinion is held by those who conceive it to be of the

essence of a right, that it should be vested in some determinate person,

and be enforceable by some form of legal process instituted by him. On

this view, duties towards the public at large or towards indeterminate

portions of the public have no correlative rights; the duty, for

example, to refrain from committing a public nuisance. There seems no

sufficient reason, however, for defining a right in so exclusive a

manner. All duties towards the public correspond to rights vested in the

public, and a public wrong is necessarily the violation of a public

right. All duties correspond to rights, though they do not all

correspond to private rights vested in determinate individuals.

§ 73. =The Elements of a Legal Right.=

In every legal right the five following elements are involved:—

(1) A _person_ in whom it is vested, and who may be distinguished as the

_owner_ of the right, the _subject_ of it, or the person _entitled_.

(2) A _person_ against whom the right avails, and upon whom the

correlative duty lies. He may be distinguished as the person _bound_, or

as the _subject_ of the duty.

(3) An _act_ or _omission_ which is obligatory on the person bound in

favour of the person entitled. This may be termed the _content_ of the

right.

(4) Some _thing_ to which the act or omission relates, and which may be

termed the _object_ or _subject-matter_ of the right.

(5) A _title_: that is to say, certain facts or events by reason of

which the right has become vested in its owner.

Thus if A. buys a piece of land from B., A. is the subject or owner of

the right so acquired. The persons bound by the correlative duty are

persons in general, for a right of this kind avails against all the

world. The content of the right consists in non-interference with the

purchaser’s exclusive use of the land. The object or subject-matter of

the right is the land. And finally the title of the right is the

conveyance by which it was acquired from its former owner.[177]

Every right, therefore, involves a threefold relation in which the owner

of it stands:—

(1) It is a right _against_ some _person_ or persons.

(2) It is a right _to_ some _act_ or omission of such person or persons.

(3) It is a right _over_ or _to_ some _thing_ to which that act or

omission relates.

An ownerless right is an impossibility. There cannot be a right without

a subject in whom it inheres, any more than there can be weight without

a heavy body; for rights are merely attributes of persons, and can have

no independent existence. Yet although this is so, the ownership of a

right may be merely contingent or uncertain. The owner of it may be a

person indeterminate. He may even be a person who is not yet born, and

may therefore never come into existence. Although every right has an

owner, it need not have a _vested_ and _certain_ owner. Thus the fee

simple of land may be left by will to a person unborn at the death of

the testator. To whom does it belong in the meantime? We cannot say that

it belongs to no one, for the reasons already indicated. We must say

that it is presently owned by the unborn person, but that his ownership

is contingent on his birth.

Who is the owner of a debt in the interval between the death of the

creditor intestate and the vesting of his estate in an administrator?

Roman law in such a case personified the inheritance itself, and

regarded the rights contingently belonging to the heir as presently

vested in the inheritance by virtue of its fictitious personality.

According to English law before the Judicature Act, 1873, the personal

property of an intestate, in the interval between death and the grant of

letters of administration, was deemed to be vested in the Judge of the

Court of Probate, and it may be assumed that it now vests either in the

President of the Probate, Divorce and Admiralty Division, or in the

Judges of the High Court collectively. But neither the Roman nor the

English fiction is essential. There is no difficulty in saying that the

estate of an intestate is presently owned by an _incerta persona_,

namely by him who is subsequently appointed the administrator of it. The

law, however, abhors a temporary vacuum of vested ownership. It prefers

to regard all rights as presently vested in some determinate person,

subject, if need be, to be divested on the happening of the event on

which the title of the contingent owner depends.[178]

Certain writers define the object of a right with such narrowness that

they are forced to the conclusion that there are some rights which have

no objects. They consider that the object of a right means some material

thing to which it relates; and it is certainly true that in this sense

an object is not an essential element in the conception. Others admit

that a person, as well as a material thing, may be the object of a

right; as in the case of a husband’s right in respect of his wife, or a

father’s in respect of his children. But they go no further, and

consequently deny that the right of reputation, for example, or that of

personal liberty, or the right of a patentee, or a copyright, has any

object at all.

The truth seems to be, however, that an object is an essential element

in the idea of a right. A right without an object in respect of which it

exists is as impossible as a right without a subject to whom it belongs.

A right is, as we have said, a legally protected interest; and the

object of the right is the thing in which the owner has this interest.

It is the thing, material or immaterial, which he desires to keep or to

obtain, and which he is enabled to keep or to obtain by means of the

duty which the law imposes on other persons. We may illustrate this by

classifying the chief kinds of rights by reference to their objects.

(1) _Rights over material things._—In respect of their number and

variety, and of the great mass of legal rules relating to them, these

are by far the most important of legal rights. Their nature is too

familiar to require illustration.

(2) _Rights in respect of one’s own person._—I have a right not to be

killed, and the object of this right is my life. I have a right not to

be physically injured or assaulted, and the object of this right is my

bodily health and integrity. I have a right not to be imprisoned save in

due course of law; the object of this right is my personal liberty—that

is to say, my power of going where I will. I have a right not to be

coerced or deceived into acting contrary to my desires or interests; the

object of this right is my ability to fulfil my desires and protect and

promote my interests by my own activities.

(3) _The right of reputation._—In a man’s reputation, that is to say, in

the good opinion that other persons have of him, he has an interest,

just as he has an interest in the money in his pockets. In each case the

interest has obtained legal recognition and protection as a right, and

in each case the right involves an object in respect of which it exists.

(4) _Rights in respect of domestic relations._—Every man has an interest

and a right in the society, affections, and security of his wife and

children. Any person who without just cause interferes with this

interest, as by the seduction of his wife or daughter, or by taking away

his child, is guilty of a violation of his rights. The wrongdoer has

deprived him of something which was his, no less than if he had robbed

him of his purse.

(5) _Rights in respect of other rights._—In many instances a right has

another right as its subject-matter. I may have a right against A., that

he shall transfer to me some right which is now vested in himself. If I

contract with him for the sale of a piece of land to me, I acquire

thereby a right against him, that he shall so act as to make me the

owner of certain rights now belonging to himself. By the contract I

acquire a right to the right of ownership, and when the conveyance has

been executed, I acquire the right of ownership itself. Similarly a

promise of marriage vests in the woman a right to the rights of a wife;

but the marriage vests in her those rights themselves.[179]

It is commonly a question of importance, whether the right acquired by

an agreement or other transaction is merely a right to a right, or is

one having something else than another right as its immediate object. If

I buy a ton of coal or a flock of sheep, the right which I thereby

acquire may be of either of these kinds according to circumstances. I

may become forthwith the owner of the coal or the sheep; that is to say,

my right may have these material things as its immediate and direct

object. On the other hand, I may acquire merely a right against the

seller, that he by delivery or otherwise shall make me the owner of the

things so purchased. In this case I acquire a right which has, as its

immediate and direct object, nothing more than another right; though its

mediate and indirect object may be said, truly enough, to be the

material things purchased by me.

(6) _Rights over immaterial property._—Examples of these are patent

rights, copyrights, trade-marks, and commercial good-will. The object of

a patent-right is an invention, that is to say, the _idea_ of a new

process, instrument, or manufacture. The patentee has a right to the

exclusive use of this idea. Similarly the object of literary copyright

is the form of literary expression produced by the author of a book. In

this he has a valuable interest by reason of the disposition of the

public to purchase copies of the book, and by the Copyright Act this

interest has been raised to the level of a legal right.

(7) _Rights to services._—Finally we have to take account of rights

vested in one person to the services of another: the rights, for

example, which are created by a contract between master and servant,

physician and patient, or employer and workman. In all such cases the

object of the right is the skill, knowledge, strength, time, and so

forth, of the person bound. If I hire a physician, I obtain thereby a

right to the use and benefit of his skill and knowledge, just as, when I

hire a horse, I acquire a right to the use and benefit of his strength

and speed.

Or we may say, if we prefer it, that the object of a right of personal

service is the _person_ of him who is bound to render it. A man may be

the subject-matter of rights as well as the subject of them. His mind

and body constitute an instrument which is capable of certain uses, just

as a horse or a steam-engine is. In a law which recognises slavery, the

man may be bought and sold, just as the horse or steam-engine may. But

in our own law this is not so, and the only right that can be acquired

over a human being is a temporary and limited right to the use of him,

created by voluntary agreement with him—not a permanent and general

right of ownership over him.

§ 74. =Legal Rights in a wider sense of the term.=

Hitherto we have confined our attention to legal rights in the strictest

and most proper sense. It is in this sense only that we have regarded

them as the correlatives of legal duties, and have defined them as the

interests which the law protects by imposing duties with respect to them

upon other persons. We have now to notice that the term is also used in

a wider and laxer sense, to include any legally recognised interest,

whether it corresponds to a legal duty or not. In this generic sense a

legal right may be defined as any advantage or benefit which is in any

manner conferred upon a person by a rule of law. Of rights in this sense

there are at least three distinct kinds, sufficiently important to call

for separate classification and discussion. These are (1) _Rights_ (in

the strict sense), (2) _Liberties_, and (3) _Powers_. Having already

sufficiently considered the first of these, we shall now deal briefly

with the others.

§ 75. =Liberties.=

Just as my legal rights (in the strict sense) are the benefits which I

derive from legal duties imposed upon other persons, so my legal

liberties are the benefits which I derive from the absence of legal

duties imposed upon myself. They are the various forms assumed by the

interest which I have in doing as I please. They are the things which I

may do without being prevented by the law. The sphere of my legal

liberty is that sphere of activity within which the law is content to

leave me alone. It is clear that the term right is often used in a wide

sense to include such liberty. I have a right (that is to say, I am at

liberty) to do as I please with my own; but I have no right and am not

at liberty to interfere with what is another’s. I have a right to

express my opinions on public affairs, but I have no right to publish a

defamatory or seditious libel. I have a right to defend myself against

violence, but I have no right to take revenge upon him who has injured

me.

The interests of unrestrained activity thus recognised and allowed by

the law constitute a class of legal rights clearly distinguishable from

those which we have already considered. Rights of the one class are

concerned with those things which other persons _ought_ to do for me;

rights of the other class are concerned with those things which I _may_

do for myself. The former pertain to the sphere of obligation or

compulsion; the latter to that of liberty or free will. Both are legally

recognised interests; both are advantages derived from the law by the

subjects of the state; but they are two distinct species of one genus.

It is often said that all rights whatsoever correspond to duties; and

by those who are of this opinion a different explanation is

necessarily given of the class of rights which we have just

considered. It is said that a legal liberty is in reality a legal

right not to be interfered with by other persons in the exercise of

one’s activities. It is alleged that the real meaning of the

proposition that I have a legal right to express what opinions I

please, is that other persons are under a legal duty not to prevent me

from expressing them. So that even in this case the right is the

correlative of a duty. Now there is no doubt that in most cases a

legal liberty of acting is accompanied by a legal right not to be

hindered in so acting. If the law allows me a sphere of lawful and

innocent activity, it usually takes care at the same time to protect

this sphere of activity from alien interference. But in such a case

there are in reality two rights and not merely one; and there are

instances in which liberties are not thus accompanied by protecting

rights. I may have a legal liberty which involves no such duty of

non-interference imposed on others. If a landowner gives me a licence

to go upon his land, I have a right to do so, in the sense in which a

right means a liberty; but I have no right to do so, in the sense in

which a right vested in me is the correlative of a duty imposed upon

him. Though I have a liberty or right to go on his land, he has an

equal right or liberty to prevent me. The licence has no other effect

than to make that lawful which would otherwise be unlawful. The right

which I so acquire is nothing more than an extension of the sphere of

my rightful activity. So a trustee has a right to receive from the

beneficiaries remuneration for his trouble in administering the

estate, in the sense that in doing so he does no wrong. But he has no

right to receive remuneration, in the sense that the beneficiaries are

under any duty to give it to him. So an alien has a right, in the

sense of liberty, to enter British dominions, but the executive

government has an equal right, in the same sense, to keep him

out.[180] That I have a right to destroy my property does not mean

that it is wrong for other persons to prevent me; it means that it is

not wrong for me so to deal with that which is my own. That I have no

right to commit theft does not mean that other persons may lawfully

prevent me from committing such a crime, but that I myself act

illegally in taking property which is not mine.[181]

§ 76. =Powers.=

Yet another class of legal rights consists of those which are termed

powers. Examples of such are the following: the right to make a will, or

to alienate property; the power of sale vested in a mortgagee; a

landlord’s right of re-entry; the right to marry one’s deceased wife’s

sister; that power of obtaining in one’s favour the judgment of a court

of law, which is called a right of action; the right to rescind a

contract for fraud; a power of appointment; the right of issuing

execution on a judgment; the various powers vested in judges and other

officials for the due fulfilment of their functions. All these are legal

rights—they are legally recognised interests—they are advantages

conferred by the law—but they are rights of a different species from the

two classes which we have already considered. They resemble liberties,

and differ from rights _stricto sensu_, inasmuch as they have no duties

corresponding to them. My right to make a will corresponds to no duty in

any one else. A mortgagee’s power of sale is not the correlative of any

duty imposed upon the mortgagor; though it is otherwise with his right

to receive payment of the mortgage debt. A debt is not the same thing as

a right of action for its recovery. The former is a right in the strict

and proper sense, corresponding to the duty of the debtor to pay; the

latter is a legal power, corresponding to the liability of the debtor to

be sued. That the two are distinct appears from the fact that the right

of action may be destroyed (as by prescription) while the debt remains.

It is clear, therefore, that a power is not the same thing as a right of

the first class. Neither is it identical with a right of the second

class, namely, a liberty. That I have a right to make a will does not

mean that in doing so I do no wrong. It does not mean that I _may_ make

a will innocently; it means that I _can_ make a will effectively. That I

have a right to marry my cousin does not mean that such a marriage is

legally innocent, but that it is legally valid. It is not a liberty that

I have, but a power. That a landlord has a right of re-entry on his

tenant does not mean that in re-entering he does the tenant no wrong,

but that by so doing he effectively terminates the lease.[182]

A power may be defined as ability conferred upon a person by the law to

determine, by his own will directed to that end, the rights, duties,

liabilities, or other legal relations, either of himself or of other

persons. Powers are either public or private. The former are those which

are vested in a person as an agent or instrument of the functions of the

state; they comprise the various forms of legislative, judicial, and

executive authority. Private powers, on the other hand, are those which

are vested in persons to be exercised for their own purposes, and not as

agents of the state. Power is either ability to determine the legal

relations of other persons, or ability to determine one’s own. The first

of these—power over other persons—is commonly called _authority_; the

second—power over oneself—is usually termed _capacity_.[183]

These, then, are the three chief classes of benefits, privileges, or

rights conferred by the law: liberty, when the law allows to my will a

sphere of unrestrained activity; power, when the law actively assists me

in making my will effective; right in the strict sense, when the law

limits the liberty of others in my behalf. A liberty is that which I

_may_ do innocently; a power is that which I _can_ do effectively; a

right in the narrow sense is that which other persons _ought_ to do on

my behalf. I use my liberties with the acquiescence of the law; I use my

powers with its active assistance in making itself the instrument of my

will; I enjoy my rights through the control exercised by it over the

acts of others on my behalf.[184][185]

§ 77. =Duties, Disabilities, and Liabilities.=

There is no generic term which is the correlative of right in the wide

sense, and includes all the burdens imposed by the law, as a right

includes all the benefits conferred by it. These legal burdens are of

three kinds, being either _Duties_, _Disabilities_, or _Liabilities_. A

duty is the absence of liberty; a disability is the absence of power; a

liability is the presence either of liberty or of power vested in some

one else as against the person liable. Examples of liabilities

correlative to liberties are the liability of a trespasser to be

forcibly ejected, that of a defaulting tenant to have his goods seized

for rent, and that of the owner of a building to have his windows

darkened or his foundations weakened by the building or excavations of

his neighbours. Examples of liabilities correlative to powers are the

liability of a tenant to have his lease determined by re-entry, that of

a mortgagor to have the property sold by the mortgagee, that of a

judgment debtor to have execution issued against him, and that of an

unfaithful wife to be divorced.

The most important form of liability is that which corresponds to the

various powers of action and prosecution arising from the different

forms of wrongdoing. There is accordingly a narrow sense of the word

liability, in which it covers this case exclusively. Liability in this

sense is the correlative of a legal remedy. A synonym for it is

responsibility. It is either civil or criminal according as it

corresponds to a right of action or to a right of prosecution.[186][187]

SUMMARY.

The nature of a Wrong.

Moral and legal wrongs.

The nature of a Duty.

Moral and legal duties.

The nature of a Right.

Interests.

Their protection by the rule of right.

Interests and rights.

Moral and legal rights.

The denial of moral rights.

The correlation of rights and duties.

No rights without duties.

No duties without rights.

The elements of a legal right.

1. Person entitled, or owner.

2. Person bound.

3. Content.

4. Object or subject-matter.

5. Title.

No rights without owners.

No rights without objects.

{1. Material things.

{2. One’s own person.

{3. Reputation.

Objects of rights {4. Domestic relations.

{5. Other rights.

{6. Immaterial property.

{7. Services.

Rights in the generic sense—Any benefit conferred by the law.

{1. Rights (_stricto sensu_)—correlative to Duties.

{2. Liberties—correlative to Liabilities.

{3. Powers—correlative to Liabilities.

{1. Rights (_stricto sensu_)—what others _must_ do for me.

{2. Liberties—what I _may_ do for myself.

{3. Powers—what I _can_ do as against others.

Duties, Liabilities, Disabilities.

Jurisprudence · 第 10 / 24 章