Remarks on the Use and Abuse of Some Political Terms (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: III. RIGHT. ? DUTY. ? WRONG. ? RIGHTFUL. ? WRONGFUL. ?JUSTICE. When the sovereign power commands its subjects to do or forbear from certain acts, the claim for such performances or forbearances which one person thereby has upon another, is called a right; the liability to such performances or forbearances is called a duty; and the omission of an act commanded to be done, or the doing of an act commanded to be forborne, is called a wrong. All rights therefore must be subsequent to the establishment of government, and are the creatures of the sovereign power; no claim upon another, which may not be enforced by process of law, i. e. by calling in the assistance of the sovereign, however recommended by moral justice, can, without an abuse of language, be termed a right. The existence of a moral claim may often be a matter of doubt when the facts are ascertained, and one party may demand whatthe other may not think himself bound in conscience to yield; but, the facts being given, the existence of a right, or a legal claim, can never admit of dispute, as it is denned and conferred by a third party, who will, if required, step in to enforce it. There does not appear to be any reason why claim or requisition should not be considered as the genus of right; though Mr. Bentham (Principles of Morals and Legislation, vol. 2. p. 24, n.) says, that right has no superior genus. Properly, therefore, right signifies a claim, conferred or sanctioned by the sovereign power, i. e. a legal right. Sometimes, however, it is used to mean a claim recommended by the practice, analogy, or doctrines of the constitution, i. e. a constitutional right; and, sometimes, a claim recommended by views of justice or public policy, L e. a moral right. By the first and proper sense, is meant a claim ...