Remarks on the Use and Abuse of Some Political Terms

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Remarks on the use and abuse of some political terms

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Overview

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
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Product Details

  • ISBN-13: 9780826200891
  • Publisher: University of Missouri Press
  • Publication date: 5/28/1970
  • Pages: 370

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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 publicpolicy, L e. a moral right. By the first and proper sense, is meant a claim ...
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