The Essence of Right
The Nature of Right: Its Relationship with Duty
| The definition of right |
| Analysis of the definition of right |
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| The first element of right: the activity of a subject |
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| The second element of right: personal activity |
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| Corollary of the two elements of right explained so far: right is accompanied by coercion |
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| The third element: some good present in the action |
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| The fourth element of right: the lawfulness of the action |
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| The fifth element: the moral exigency in other intelligent beings requiring them not to interfere with the exercise of this faculty |
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| The limitation of rights is a corollary of its five constitutive elements |
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| Jural duty |
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| Examination of the definitions given by Kant and Romagnosi |
| The relationship between right and duty |
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| In the human being the notion of duty precedes that of right |
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| The notion of duty is simple; that of right, complex |
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| A right does not correspond to every duty, but duties correspond to every right |
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| Right is generated by duty: the manner of this generation |
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| Duty is expressed negatively; right, positively |
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| The obligatory part of actions appertains to duty; the lawful part, to right |
| The nature and extension of jural duty |
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| The nature of jural obligation |
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| Definition |
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| Two species of jural obligation: one arising from the nature of the activity which forms the object of the jural obligation, the other from an extraneous cause |
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| Jural obligation is always related to other persons |
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| Not all moral duties towards another person are jural; only those which command respect for an activity proper to that person |
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| The negative sense of jural obligations |
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| The external aspect of jural duty |
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| The extension of jural duty |