Rights and Duties
Introduction
Definition
Kinds of Rights
Classification or Kinds of Rights
Legal or Moral Rights
Kinds of Legal Rights
Duty
Classification or Kinds of Duties
Conclusion
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
THIS PPT DESCRIBES THE CONCEPT OF THE RIGHT TO PROPERTY. THIS INCLUDES THE QUESTION THAT "IS PROPERTY RIGHT IS FUNDAMENTAL RIGHT OR LEGAL RIGHT. IT ALSO EXPLAINS THE TUSSLE BETWEEN THE LEGISLATURE AND THE JUDICIARY.
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1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
THIS PPT DESCRIBES THE CONCEPT OF THE RIGHT TO PROPERTY. THIS INCLUDES THE QUESTION THAT "IS PROPERTY RIGHT IS FUNDAMENTAL RIGHT OR LEGAL RIGHT. IT ALSO EXPLAINS THE TUSSLE BETWEEN THE LEGISLATURE AND THE JUDICIARY.
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
This presentation talks about the interdependence of rights and duties in jurisprudence. It also mentions the views of SC and the role of state in the same.
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2. Rights and Duties
Rights are those claims which are necessary for the
growth of individuals. Society give recognitions to these
claim and state enforces these claims.
In simple words, it is an interest which is recognized and
protected by a rule of right.
For example: right to life under Article 21of the Indian
constitution.
3. Rights and Duties
Definition:
According to Laski, “Rights are those conditions of social
life without which no man can seek in general, to be
himself at his best.”
T. H. Green explained that “Rights are powers necessary
for the fulfillment of man’s vocation as a moral being.”
5. Classification or Kinds of Rights
• Natural Rights:
Natural rights are parts of human nature and reason. In it, they enjoyed certain
natural rights, like the right to life, right to liberty and right to property.
• Legal Rights:
According to Gray: A legal is that powers which a man has to take a person or
person do or refrain from doing a certain act or certain acts, so far as the power
arises form society imposing a legal duty upon a person or persons.
• 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.
6. KINDS of LEGAL RIGHTS
1. Economical Rights
2. Political Rights
3. Civic Rights
1.Economical Rights
Right to Work
Right to Property Security
Right to Fix Hours of Work
Right to Economic
Right to Rest and Leisure
7. 2. Political Rights
Right to Vote
Right to Contest Election
Right to hold Public Offices
Right to form Political Parties and Association etc.
Right to Criticize The Government
Right to Information
8. 3. Civil Rights
Right to Life
Rights to Personal Freedom
Right to Education
Rights to Religious Freedom
Right to Equality
Right to Freedom of Thought and Expression
Right to Freedom of Movement
9. Classification of Rights
Perfect & Imperfect Rights:
Perfect rights recognized and enforced by law. i.e. Right to equality.
Imperfect rights recognized by law but not enforced by law. i.e. Time bounded
claims.
Positive & Negative:
Under positive right, the person has to perform some positive duty.
Under negative rights, prevent a person to do some act. i.e. Right to life under 21
article of Indian Constitution.
Real & Personal Rights:
Under real rights the duty imposed upon people in general. i.e. Tort or Crime.
Under personal rights, the duty imposed against a particular person. i.e. Contract
between two persons.
10. Classification of Rights
Proprietary & Personal Rights:
Those rights which we can measure in term of money, which has some
economic value, i.e. shop.
Those rights which we cannot measure in term of money, which has not some
economic value, i.e. Right to life
Inheritable and Uncharitable Rights:
Inheritable passed from one to another generation, this right survives even after
the death of owner, i.e.
Uncharitable rights die with the death of owner, i.e. Contract.
Right in Repropria & Right in Realiena:
A person possesses Right in Repropria with respect to his own property.
Right in Realiena is the right in the property of another person. i.e. lease.
11. DUTY
The word duty is derived from the word ‘Dept’ which means
loan. Thus, duty is a kind loan which citizens pay in return of
his rights.
Duty is an obligation to do or omit to do something". In the
legal sense, duty means “a legal obligation to do or not to do
something.”
Classification or Kinds of duties:-
1. Legal and Moral Duties
2. Positive and Negative Duties
3. Primary and Secondary Duties
12. Kinds of Duties
1. Legal and Moral Duties
A legal duty is an act the opposite of which is a legal wrong. It is an act
recognized as a duty by law and treated as such for the administration of
justice. A moral or natural duty is an act the opposite of which is a moral or
natural wrong.
2. Positive and Negative Duties
When the law obliges us to do an act, the duty is called positive, and when the
law obliges us to forbear from doing an act, the duty is negative.
3. Primary and Secondary Duties
Primary duties are those which exist per se and independently of any other
duty. And a secondary duty is that which has no independent existence but
exists only for the enforcement of other duties.
13. Conclusion
• Rights and duties go hand in hand. Before we complain of the
inadequacies of the system and claim our rights we must also
consider our responsibility and fulfill the duties.
• Rights are those conditions of life without which are essential
for the all round development of personality of individuals.
Rights and duties are closely related. In the absence of one, the
other becomes meaningless.