RIGHTS AND

DUTIES
CHAPTER 2 – ETHICS (MIDTERM)
RIGHTS  Right is natural or positive-
founded the natural law.
-it is a moral power  Right is distinguished as right of
property (or possession) and
residing in a person. right of jurisdiction.
 Right is alienable when its
-a power which all subjects may lawfully cede or
renounce it.
others are bound to  Right is juridical (or perfect)
when it is a legal right, a right
respect strictly enjoined by law, natural
or positive.
 PROPERTIES OF RIGHT
1. COACTION – the power which
right enjoys of forcefully preventing 3. COLLISION – the
its violation, and of exacting redress apparent conflict of two
for unjust violation. Exercised
through process of law. Between rights in such wise that one
man and man. cannot be exercise without
2. LIMITATION – the natural violation of the other.
terminus of right beyond which it
cannot be exercised without
violating the right of another.
 THE SUBJECT OF RIGHT

The subject of right we mean the

person who possesses right.
The subject of right is a person.
DUTY 1. 1. A duty imposed by the natural
law is natural

-the correlative 2. A duty which requires the

performance of an act is
affirmative.

of a right. 3. A duty which obliges in strict

justice, and so corresponds to a

- like right
perfect right, is a perfect or
juridical duty.
4. There are greater and lesser

- based on law duties, and where these seem to

conflict, the lesser ceases to be a
duty, and the greater prevails.
 EXEMPTION FROM DUTY
1. Common or ordinary necessity never exempts from duty.
2. No necessity exempts from a negative natural duty.
3. Extreme or grave necessity exempts from a natural affirmative
duty, provided there is no involved violation of a negative
precept of the natural law.
4. Extreme or grave necessity exempts from duty imposed by
human positive law, provided there is no involved violation of
negative natural law.