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INTRODUCTION

Rights and duties, these are words that we come

across in our everyday life. We can hear motherssaying it is my duty to ta!e care of mychildren, students saying it is my duty to domy wor!, N"O#s and other institutions thatsu$$ort a few sections of the society saying it isour right and duty to $rotect the concernedsections. What are the Rights and Duties that

these $eo$le are referring to% &re rights andduties correlated % &re rights and duties availa'leto each and every living 'eing %

"enerally, a duty is an o'ligation and a right isan entitlement. They may e(ist as a moral orlegal matter. )or e(am$le, morally, a $erson has

the duty not to hurt another#s feelings. Rightsmay also e(ist on a moral or legal matter. )ore(am$le, an em$loyee has a moral right to 'etreated with a$$reciation and res$ect 'y anem$loyer and his duty under the same his to$erform all the tas!s $rovided to him 'y hisem$loyer in a $ro$er manner. & moral right

cannot 'e the 'asis for see!ing relief through thelegal system. There must 'e a law creating aright 'efore that right can 'e enforced thoughthe legal system.

This $a$er is going to give you an insight intothese *uestions. It is going to $rovide you withinformation regarding legal definition of rights,$hiloso$hical view of rights and duties andconce$t relating to them and also various views

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of great scholars on rights and duties.

+eaning Of Rights

Ordinary, right means that to which one ismorally or legally entitled. Right meanssomething that is due to a $erson 'y claim, legalguarantee or moral $rinci$les. Right in its 'roadsense means what a $erson is entitled to 'yvirtue of a s$ecial $erson or relations with a$osition or with the state or a $erson. Therefore

right is a legally enforcea'le claim of a $ersonagainst another. It is a $ower, $rivilege orimmunity guaranteed under a constitution, as aresult of long usages.& right may 'e classified in various ways andstyle. Thus, a right may 'e $erfect or im$erfectaccording to whether the action or sco$e is clear,

settled or vague. Rights are also either in$ersonam or inrem. The former im$oses ano'ligation on a define $erson or im$osed on$ersons generally in-rem. They may 'e$rimary. These can 'e created without referenceto rights already e(isting, or secondary / arisingonly for the $ur$ose of $rotecting $rimary rights.

Other classes are 0udicial or e(tra 0udicial,a'solute and *ualified, legal or e*uita'le. 1egalrights are where the $erson see! to enforce theright for his own 'enefit as the legal title and aremedy at law or enforcea'le in e*uity as ine*uita'le right. Rights could 'e civil, natural,constitutional, $olitical $ersonal, a'solute orrelative.& negative right is a right for a $erson to 'e

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$rotected from harm if I try to get something formyself. & $ositive right would 'e my right tohave something $rovided for me.

If health care is a negative right, then the statehas an o'ligation to !ee$ $eo$le from $reventingme from getting health care and discriminatingagainst me. If health care2s a $ositive right, thenthe state has an o'ligation to $rovide it for me.

+eaning Of Duties

&ny human action which e(actly conform to thelaws which re*uires us to o'ey them or any legalor moral o'ligation that one has 'y law orcontract or agreement or an o'ligation toconform to legal standard of reasona'le conductin light of an a$$arent ris!, an o'ligatoryconduct or service. It is a mandatory o'ligation

to $erform an o'ligation recogni3ed 'y law. It iss$ecie of o'ligation. The 4lac! 1aw Dictionarydefines a legal o'ligation that is owned or due toanother and that need to 'e satisfied5 ano'ligation for which some'ody else has acorres$onding right.The 1aw Dictionary defines a duty as 6a thing

due, that which is due from a $erson that which a$erson owes to another. & legal o'ligation thatown or due to another and that need to 'esatisfied5 an o'ligation which some'ody else hasa corres$onding right.It has several uses, 'ut in its 0uris$rudentialusage, the word is the correlative of right. Thus,where there e(ist a right any $erson. There alsoe(ists a corres$onding duty u$on some other

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$ersons.It should 'e stated that in certain e(traneouscircumstance, it may ha$$en that after a duty

has 'een created, its moral disa$$ear. In whichcase, the duty se$arates itself from the$revailing morality and the $ressure then solelyres$ect for law.In general, what constitutes a duty has to $assthrough a litmus test. Thus, a duty has to 'egeneral not design for an individual,

$romulgated 'y an authority, $ros$ective,intelligi'le $rescri'ed and !nown, consistent initself, ca$a'le of fulfillment, constant throughtime and congruent with official action.& legal duty differs from a moral duty 'ecausethe former is visited with letter sanction if a'reach. In the letter, there are no clear cut

$unishment e(ce$t loss of $restige and $ride.Duty li!e right is created from the outcome of as$ecial relationshi$ or a contract as a result ofthe direct or indirect $rovision of a law as thecase of the citi3enshi$ as in the constitution. 4yvirtue of this s$ecial relation with the 7tate, theciti3en is $rotected and from which certain rights

and duties are accrued.

89I1O7O89IC&1 +:&NIN" O) RI"9T - 7T&N1:;4:NN :NC;C1O8:DI& O) 89I1O7O89; RI"9T7. 7ince the seventeenth century,$ro'lems connected with rights have steadilyengaged the attention of $olitical and legal$hiloso$hers. )or medieval $hiloso$hers the$ro'lems of $olitical ethics were $ro'lems not of

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rights 'ut, rather, of the duties a man owed to hislord, his !ing, his church, or his "od, 'y virtue ofhis role and function in the universal order.

+edieval lawyers, it is true, might challengeencroaching authority 'y a$$ealing to theancient and customary $rivileges or li'ertiesa$$ertaining to status or to cor$oratecommunities li!e cities and guilds. In theseventeenth and eighteenth centuries, however,such considerations gave way to notions li!e an

:nglishman#s 'irthright or, still more $ersonaland universal, natural rights. Thereafter it wascommonly held that it was the $ro$er tas! of thestate and of $ositive law to safeguard suchrights, lists of which were drawn u$ in documentsli!e the &merican 4ill of Rights and the )renchDeclaration of the Rights of +an for the guidance

and control of governments.The idea that a man could have a right which, asnatural, inaliena'le, and indefeasi'le, had some!ind of sanctity and validity transcending that ofordinary $ositive law led $hiloso$hers tos$eculate a'out what !ind of thing a right might'e. What sort of assertion is it to say that < has a

right to R, and what !ind of criteria would have to'e satisfied for such a $ro$osition to 'e true%

=uristic theories of rights. +any $hiloso$hers and0urists have treated *uestions a'out the natureand criteria of rights as if they as!ed what factswere referred to when one said < has a right toR. 7$ino3a, for instance, tried to give aconsistent account, in terms of $ower, of all

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instances where rights were ascri'ed. Thus aman#s natural right amounted to the $ower hecould e(ercise over another> a sovereign#s right

was the $ower he e(ercised 'y virtue of thecom'ined $ower of all the individuals who were$re$ared to su$$ort him> and the individual#slegal rights were the $owers he had 'y virtue ofthe sovereign#s su$$ort in u$holding the law.&gain, T.9. "reen descri'ed an individual#s rightas a $ower of acting for...what he conceives to

'e his own good, secured to an individual 'y thecommunity.& right, however, is not and does not necessarilyim$ly a $ower e(ce$t, $erha$s, in the sense of alegal com$etence li!e, for instance, the $ower toma!e a will. )or a man may have rights he is$owerless to enforce if the courts are corru$t or

his o$$onents too $owerful to ris! offending. Onemight say $erha$s that his rights arehy$othetical $owers -- what he would 'e a'le toachieve if he were a'le and chose to a$$eal tothe courts and if the courts acted according tothe law. 4ut this would 'e the same as sayingthat his rights are the $owers he would en0oy if

he had his rights. Rights, in other words, maye($lain why $ersons have the $owers they do,'ut they are not identical with these $owers.

Rights and duties. 4entham and &ustin definedrights in terms of duties. :very right, says&ustin, ...rests on a relative duty...lying on a$arty or $arties other than the $arty or $arties inwhom the right rests 8rovince, ?@AB ed.,

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)ootnote $.A> for 4entham and &ustin, a dutye(ists only where the law im$oses and enforcesa sanction for a 'reach of it. 4entham wrote in

his )ragment on "overnment ?EEF, Withoutthe notion of $unishment...,no notion could wehave of either right or duty. There are two $ointshere5 first, whether duties really de$end onconse*uential sanctions for their meaning or onlyfor their effectiveness, or $erha$s for neither>second, whether every right has its correlative

duty, such that the right of < can always 'estated without alteration of meaning as a duty of;. &s to the first $oint, there is no internalcontradiction in the notion of a duty without asanction. Indeed, :nglish administrative law hasfre*uently $laced statutory duties u$onauthorities while 'arring 0udicial review and

$roviding no alternative remedy or sanction.Outside the s$here of law, it certainly ma!essense to tal! of moral duties without sanctions.What one ought to do cannot $ro$erly 'ee*uated with what one must do to avoid a$enalty.

The correlation of rights and duties raises more

difficult *uestions. If to ascri'e a right is not toattri'ute a socially su$$orted $ower or, indeed,todescri'e any actual or hy$othetical set of factsa'out human 'ehavior, can one say that it must'e a way of stating the $rovisions of a system ofrules and therefore a way of $rescri'ing conduct%

;et a right im$lies neither what a man must norwhat he ought to do, 'ut what he may do if hechooses. It can 'e reconciled with an e(clusively

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$rescri$tive conce$tion of law only 'y identifyingevery right with an o'ligation in reverse -- < hasa right to G?H from ; 'eing e(actly e*uivalent to

; has a duty to that is, shall $ay < G?H if < sochooses.

& general statement of rights differs from acorres$onding conclusion of law in that ageneral statement cannot 'e elucidated in termsof a duty 'ut at 'est only in terms of an

o'ligation of one class of $ersons to another,defeasi'le in $articular cases 'y any of a num'erof $leas or e(cuses. & general right is thus aground of claim, not a license to infer what oughtto 'e done.

89I1O7O89IC&1 +:&NIN" O) DUTI:7 &NT#7

+OR&1 89I1O7O89;

)or another, our motive in conforming our actionsto civic and other laws is never unconditionalres$ect. We also have an eye toward doing our$art in maintaining civil or social order, toward$unishments or loss of standing and re$utation in

violating such laws, and other outcomes of lawful'ehavior. Indeed, we res$ect these laws to thedegree, 'ut only to the degree, that they do notviolate values, laws or $rinci$les we hold moredear. ;et ant thin!s in acting from duty that weare not at all motivated 'y a $ros$ectiveoutcome or some other e(trinsic feature of ourconduct. We are motivated 'y the mereconformity of our will to law as such.

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What, then, is the difference 'etween 'eingmotivated 'y a sense of duty in the ordinarysense, and 'eing motivated 'y duty in ant#s

sense% It is, $resuma'ly, this5 +otivation 'y dutyis motivation 'y our res$ect for whatever law it isthat ma!es our action a duty. 4ut we canrationally Jo$t out2 of our mem'ershi$ in the city,state, clu' or any other social arrangement andits laws K for instance, 'y *uitting the clu' ore($atriating. Those laws only a$$ly to us given

we don#t rationally decide to o$t out, given theo$$ortunity. Our res$ect for the laws guiding usis *ualified, in the sense that the thought that thelaw gives us a duty is com$elling only if there isno law we res$ect more that conflicts with it5 +yres$ect for the laws of my clu' guides my actiononly insofar as those laws do not re*uire me to

violate city ordinances. 4ut my res$ect for cityordinance guides me only insofar as they do notre*uire me to violate federal law. &nd so on.:ventually, however, we will come to laws thata$$ly to us sim$ly as mem'ers of the Jclu'2 ofrational agents, so to s$ea!, as 'eings who areca$a'le of guiding their own 'ehavior on the

'asis of directives, $rinci$les and laws ofrationality. We cannot choose to lay aside ourJmem'ershi$2 in the category of such 'eings, orat least it is unclear what the status of such achoice would 'e. 7o, su$$ose that there is somelaw $rescri'ing what any rational agent must do.

Then we have an idea of a duty that we cannotrationally o$t out of. When we do something'ecause it is our moral duty, ant argued, we are

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motivated 'y the thought that, insofar as we arerational 'eings, we must act only as thisfundamental law of $ractical reason $rescri'es,

a law that would $rescri'e how any rational'eing in our circumstances should act. Whateverelse such a law might 'e, it is, in virtue of 'eing a$rinci$le of reason, true of all rational agents. +yres$ect for such a law is thus not *ualified5 myres$ect for the laws of my clu', city, constitutionor religion guides me in $ractical affairs only

insofar as they do not re*uire me to violate lawslaid down 'y my own $ractical reason, 'ut myres$ect for the deliverances of my own reasondoes not de$end on whether it re*uires me toviolate the former sorts of laws. In this case, it isres$ect for rational lawfulness as such guidesme.

The forgoing line of argument reveals adistinctive as$ect of ant#s a$$roach5 his accountof the content of moral re*uirements and thenature of moral reasoning is 'ased on hisanalysis of the uni*ue force moral considerationshave as reasons to act. The force of moralre*uirements as reasons is that we cannot ignore

them no matter how circumstances mightcons$ire against any other consideration. 7incethey retain their reason-giving force under anycircumstance, they have universal validity. 7o,whatever else may 'e said of moralre*uirements, their content is universal. Only auniversal law could 'e the content of are*uirement that has the reason-giving force ofmorality.

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RI"9T7 L7. DUTI:7

+any in &sia and the former 7oviet Union, fore(am$le, argue that rights are e*ually anentitlement and a duty. Individuals have areci$rocal o'ligation to res$ect the rights ofothers if they e($ect to have their own rightsres$ected in turn.

Ta!e, for e(am$le, the right to religiouse($ression. This right ensures that mem'ers ofreligious minorities are $rotected frominterference in the e(ercise of their religiousfreedom> at the same time, it means that theymust dis$lay the same tolerance when it comesto other religious $ractices that may differ from

their own. In ta!ing advantage of one2s ownfreedoms, one acce$ts an o'ligation to res$ectthe freedoms of others. Only in this way can therights of all 'e $rotected and a measure of socialharmony is achieved.

7ystems of social organi3ation that give e*ual

$riority to 'oth the community and the individualtend to em$hasi3e the dual nature of rights as'oth freedoms and duties. 7ociety as a wholecan only thrive when everyone fulfills his or hero'ligations to their fellow citi3ens. Under thisview, the a'ility to e(ercise rights must first 'eearned 'y res$ecting them in others.? This$rinci$le is enshrined in &rticle @ of theUniversal Declaration, which states, in its first

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clause, that 6:veryone has duties to thecommunity in which alone the free and fulldevelo$ment of his $ersonality is $ossi'le.MA

The doctrine of logical correlativity K that rightsand duties are correlative K is dominant among$hiloso$hers.F This view conce$tuali3es rightsand duties as fli$ sides of the same coin> one$erson2s right e(ists 'y e(erting a duty u$onothers. )or e(am$le, the right of free s$eech 6isunderstood in terms of the recognition that an

individual2s interest in self-e($ression is asufficient ground for holding other individualsand agencies to 'e under duties of various sortsrather than in terms of the detail of the dutiesthemselves.ME The doctrine of the logicalcorrelativity of rights and duties is the doctrinethat all duties entail other $eo$le2s rights and all

rights entails other $eo$le2s duties.

1ogical correlativity affords a measure offle(i'ility to the formulation of internationalhuman rights standards. Correlativity is crucial'ecause it means that the framing of moralclaims in terms other than rights is not

necessarily $ro'lematic. The recognition of ano'ligation may well signify the $resence of anim$licit right> thus a moral theory couched in thelanguage of duty can 'e a legitimate vehicle forthe advancement of rights.

)UND&+:NT&1 RI"9T7, DUTI:7 &ND DIR:CTIL:8RINCI81:7

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The )undamental Rights, Directive 8rinci$les of7tate 8olicy and )undamental Duties are sectionsof the Constitution of India that $rescri'e the

fundamental o'ligations of the 7tate to itsciti3ens and the duties of the citi3ens to the7tate.note ? These sections com$rise aconstitutional 'ill of rights for government $olicy-ma!ing and the 'ehaviour and conduct ofciti3ens. These sections are considered vitalelements of the constitution, which was

develo$ed 'etween ?@BE and ?@B@ 'y theConstituent &ssem'ly of India.The )undamental Rights are defined as the 'asichuman rights of all citi3ens. These rights, definedin 8art III of the Constitution, a$$ly irres$ective ofrace, $lace of 'irth, religion, caste, creed or se(.

They are enforcea'le 'y the courts, su'0ect to

s$ecific restrictions.The Directive 8rinci$les of 7tate 8olicy areguidelines for the framing of laws 'y thegovernment. These $rovisions, set out in 8art ILof the Constitution, are not enforcea'le 'y thecourts, 'ut the $rinci$les on which they are'ased are fundamental guidelines for governance

that the 7tate is e($ected to a$$ly in framingand $assing laws.The )undamental Duties are defined as the moralo'ligations of all citi3ens to hel$ $romote a s$iritof $atriotism and to u$hold the unity of India.

These duties, set out in 8art IL/& of theConstitution, concern individuals and the nation.1i!e the Directive 8rinci$les, they are not legallyenforcea'le.

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)UND&+:NT&1 RI"9T7.? Right to :*uality. Right to )reedom

.P Right against :($loitation.B Right to )reedom of Religion.A Cultural and :ducational Rights.F Right to constitutional remedies

DIR:CTIL: 8RINCI81:7

The Directive 8rinci$les of 7tate 8olicy, em'odiedin 8art IL of the Constitution, are directions givento the 7tate to guide the esta'lishment of aneconomic and social democracy, as $ro$osed 'ythe8ream'le&rticle P@ lays down certain $rinci$les of $olicy to'e followed 'y the 7tate, including $roviding an

ade*uate means of livelihood for all citi3ens,e*ual $ay for e*ual wor! for men and women,$ro$er wor!ing conditions, reduction of theconcentration of wealth and means of $roductionfrom the hands of a few, and distri'ution ofcommunity resources to su'serve the commongood. These clauses highlight the Constitutional

o'0ectives of 'uilding an egalitarian social orderand esta'lishing a welfare state, 'y 'ringinga'out a social revolution assisted 'y the 7tate,and have 'een used to su$$ort thenationalisation of mineral resources as well as$u'lic utilities. )urther, several legislations$ertaining to agrarian reform and land tenurehave 'een enacted 'y the federal and stategovernments, in order to ensure e*uita'le

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distri'ution of land resources.&rticles B?/BP mandate the 7tate to endeavourto secure to all citi3ens the right to wor!, a living

wage, social security, maternity relief, and adecent standard of living. These $rovisions aim atesta'lishing a socialist state as envisaged in the8ream'le. &rticle BP also $laces u$on the 7tatethe res$onsi'ility of $romoting cottageindustries, and the federal government has, infurtherance of this, esta'lished several 4oards

for the $romotion of !hadi, handlooms etc., incoordination with the state governments.&rticleP@& re*uires the 7tate to $rovide free legal aid toensure that o$$ortunities for securing 0ustice areavaila'le to all citi3ens irres$ective of economicor other disa'ilities. &rticle BP& mandates the7tate to wor! towards securing the $artici$ation

of wor!ers in the management of industries.The7tate, under &rticle BF, is also mandated to$romote the interests of and wor! for theeconomic u$lift of the scheduled castes andscheduled tri'es and $rotect them fromdiscrimination and e($loitation. 7everalenactments, including two Constitutional

amendments, have 'een $assed to give effect tothis $rovision.&rticle BB encourages the 7tate to secure auniform civil code for all citi3ens, 'y eliminatingdiscre$ancies 'etween various $ersonal lawscurrently in force in the country. 9owever, thishas remained a dead letter des$ite numerousreminders from the 7u$reme Court to im$lementthe $rovision. &rticle BA originally mandated the

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7tate to $rovide free and com$ulsory educationto children 'etween the ages of si( and fourteenyears, 'ut after the Fth &mendment in HH,

this has 'een converted into a )undamentalRight and re$laced 'y an o'ligation u$on the7tate to secure childhood care to all children'elow the age of si(. &rticle BE commits the7tate to raise the standard of living and im$rove$u'lic health, and $rohi'it the consum$tion ofinto(icating drin!s and drugs in0urious to health.

&s a conse*uence, $artial or total $rohi'ition has'een introduced in several states, 'ut financialconstraints have $revented its full-fledgeda$$lication.The 7tate is also mandated 'y &rticleB to organise agriculture andanimal hus'andryon modern and scientific lines 'y im$roving'reeds and $rohi'iting slaughter of cattle. &rticle

B& mandates the 7tate to $rotect theenvironment and safeguard the forests andwildlife of the country, while &rticle B@ $laces ano'ligation u$on the 7tate to ensure the$reservation of monuments and o'0ects ofnational im$ortance. &rticle AH re*uires the 7tateto ensure the se$aration of 0udiciary from

e(ecutive in $u'lic services, in order to ensure0udicial inde$endence, and federal legislation has'een enacted to achieve this o'0ective.The 7tate,according to &rticle A?, must also strive for the$romotion of international $eace and security,and 8arliament has 'een em$owered under&rticle AP to ma!e laws giving effect tointernational treaties.

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)UND&+:NT&1 DUTI:7The )undamental Duties of citi3ens were addedto the Constitution 'y the Bnd &mendment in

?@EF, u$on the recommendations of the 7waran7ingh Committee that was constituted 'y thegovernment earlier that year. Originally ten innum'er, the )undamental Duties were increasedto eleven 'y the Fth &mendment in HH, whichadded a duty on every $arent or guardian toensure that their child or ward was $rovided

o$$ortunities for education 'etween the ages ofsi( and fourteen years. The other )undamentalDuties o'ligate all citi3ens to res$ect the nationalsym'ols of India, including the Constitution, tocherish its heritage, $reserve itscom$ositeculture and assist in its defense. They alsoo'ligate all Indians to $romote the s$irit of

common 'rotherhood, $rotect the environmentand $u'lic $ro$erty, develo$ scientific tem$er,a'0ure violence, and strive towards e(cellence inall s$heres of life. Citi3ens are morally o'ligated'y the Constitution to $erform these duties.9owever, li!e the Directive 8rinci$les, these arenon-0ustifia'le, without any legal sanction in case

of their violation or non-com$liance. There isreference to such duties in internationalinstruments such as the Universal Declaration of9uman Rights and International Covenant onCivil and 8olitical Rights, and &rticle A?& 'ringsthe Indian Constitution into conformity with thesetreaties.

R:1&TION79I8

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The Directive 8rinci$les have 'een used tou$hold the Constitutional validity of legislationsin case of a conflict with the )undamental Rights.

&rticle P?C, added 'y the Ath &mendment in?@E?, $rovided that any law made to give effectto the Directive 8rinci$les in &rticle P@'/cwould not 'e invalid on the grounds that theyderogated from the )undamental Rightsconferred 'y &rticles ?B, ?@ and P?. Thea$$lication of this article was sought to 'e

e(tended to all the Directive 8rinci$les 'y theBnd &mendment in ?@EF, 'ut the 7u$remeCourt struc! down the e(tension as void on theground that it violated the 'asic structure of theConstitution.The )undamental Rights andDirective 8rinci$les have also 'een used togetherin forming the 'asis of legislation for social

welfare. The 7u$reme Court, after the 0udgmentin the esavananda 4harati case, has ado$tedthe view of the )undamental Rights and Directive8rinci$les 'eing com$lementary to each other,each su$$lementing the other#s role in aiming atthe same goal of esta'lishing a welfare state 'ymeans of social revolution. 7imilarly, the

7u$reme Court has used the )undamental Dutiesto u$hold the Constitutional validity of statuteswhich see!s to $romote the o'0ects laid out inthe )undamental Duties.??F These Duties havealso 'een held to 'e o'ligatory for all citi3ens,su'0ect to the 7tate enforcing the same 'ymeans of a valid law. The 7u$reme Court hasalso issued directions to the 7tate in this regard,with a view towards ma!ing the $rovisions

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effective and ena'ling a citi3ens to $ro$erly$erform their duties.

N&TUR&1 &ND 1:"&1 RI"9T7

&s citi3ens of our country, we en0oy legal rightswhich are conveyed 'y the statutes or enactedlaws our legislature. These legal rights areotherwise called civil rights or statutory rights.

Thus legal rights e(ist in the legal system of our

country. Rights arising out of customs andconventions also form $art of these legal rights.Natural Rights are Unaliena'leNatural rights, on the contrary, are not arisingout of the statutes or customs or conventions ofour society or country. Natural rights are alsocalled moral rights or unaliena'le rights. These

rights are unaliena'le in nature. They cannot 'ealienated from the individual. They are notcreated or conferred 'y any government orstatute or custom or convention of any $oliticalsystem. They are moral rights which areuniversally a$$lica'le. Natural rights do not haveany territorial or 0urisdictional limits. Naturally

rights are morally universal. On the other hand,legal rights are su'0ect to the $olitical andcultural system of the territory in which theindividual is domicile.

C1&I+ &ND 1I4:RT; RI"9T

& claim right is a right which entails thatanother $erson has a duty to the right-holder.

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7ome'ody else must do or refrain from doingsomething to or for theclaim holder, such as$erform a service or su$$ly a $roduct for him or

her> that is, he or she has a claim to that serviceor $roduct another term is thing in action. Inlogic, this idea can 'e e($ressed as5 8erson &has a claim that $erson 4 do something if andonly if 4 has a duty to & to do that something.:very claim-right entails that some other duty-'earer must do some duty for the claim to 'e

satisfied. This duty can 'e to act or to refrainfrom acting. )or e(am$le, many 0urisdictionsrecogni3e 'road claim rights to things li!e life,li'erty, and $ro$erty> these rights im$ose ano'ligation u$on others not to assault or restrain a$erson, or use their $ro$erty, without the claim-holder#s $ermission. 1i!ewise, in 0urisdictions

where social welfare services are $rovided,citi3ens have legal claim rights to 'e $rovidedwith those services.

& li'erty right or $rivilege, in contrast, issim$ly a freedom or $ermission for the right-holder to do something, and there are noo'ligations on other $arties to do or not do

anything. This can 'e e($ressed in logic as58erson & has a $rivilege to do something if andonly if & has no duty not to do that something.)or e(am$le, if a $erson has a legal li'erty rightto free s$eech, that merely means that it is notlegally for'idden for them to s$ea! freely5 it doesnot mean that anyone has to hel$ ena'le theirs$eech, or to listen to their s$eech> or even, $erse, refrain from sto$$ing them from s$ea!ing,

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though other rights, such as the claim right to 'efree from assault, may severely limit what otherscan do to sto$ them.

1i'erty rights and claim rights are the inverse ofone another5 a $erson has a li'erty right$ermitting him to do something only if there is noother $erson who has a claim right for'iddinghim from doing so. 1i!ewise, if a $erson has aclaim right against someone else, then that other$erson#s li'erty is limited. )or e(am$le, a $erson

has a li'erty right to wal! down a sidewal! andcan decide freely whether or not to do so, sincethere is no o'ligation either to do so or to refrainfrom doing so. 4ut $edestrians may have ano'ligation not to wal! on certain lands, such asother $eo$le#s $rivate $ro$erty, to which thoseother $eo$le have a claim right. 7o a $erson#s

li'erty right of wal!ing e(tends $recisely to the$oint where another#s claim right limits his or herfreedom.

INDILIDU&1 &ND "ROU8 RI"9T7

Individual rights are rights held 'y

individual $eo$le regardless of their grou$mem'ershi$ or lac! thereof..

"rou$ rights have 'een argued to e(istwhen a grou$ is seen as more than a merecom$osite or assem'ly of se$arate individuals'ut an entity in its own right. In other words, it#s$ossi'le to see a grou$ as a distinct 'eing in andof itself> it#s a!in to an enlarged individual which

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has a distinct will and $ower of action and can 'ethought of as having rights. )or e(am$le, a$latoon of soldiers in com'at can 'e thought of

as a distinct grou$, since individual mem'ers arewilling to ris! their lives for the survival of thegrou$, and therefore the grou$ can 'e conceivedas having a right which is su$erior to that ofany individual mem'er> for e(am$le, a soldierwho diso'eys an officer can 'e $unished,$erha$s even !illed, for a 'reach of o'edience.

4ut there is another sense of grou$ rights inwhich $eo$le who are mem'ers of a grou$ can'e thought of as having s$ecific individual rights'ecause of their mem'ershi$ in a grou$. In thissense, the set of rights which individuals-as-grou$-mem'ers have is e($anded 'ecause oftheir mem'ershi$ in a grou$. )or e(am$le,

wor!ers who are mem'ers of a grou$ such asala'or union can 'e thought of as havinge($anded individual rights 'ecause of theirmem'ershi$ in the la'or union, such as the rightsto s$ecific wor!ing conditions or wages. &se($ected, there is sometimes considera'ledisagreement a'out what e(actly is meant 'y the

term grou$ as well as 'y the term grou$rights.

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