This article contains 3 differences between Right and Liberty.
- “Right” in the strict cannot exist without its correlative “duty”.
- “Right” are the benefits which accrue from legal duties imposed upon other persons.
- The word “Right” in a wider sense includes “liberty”.Example:
- But he has no right to publish a defamatory or seditions libel against any other person or state.
- According to salmond “liberty” is an incipient right (in wider sense).
- But I have no right to do so, in the sense in which a right vested in me is correlative of a duty imposed upon him. Though I have a liberty or right to go on his land, he had an equal right or liberty to prevent me.
- “Liberty” represents what a person may do for himself without legal interference by others.
- “Liberty” is the benefit which a person derives from the absence of legal duties imposed upon himself.
- The sphere of legal liberty is that sphere of activity within which the law is content to leave the individual alone in respect of his own acts.Example:
- Every person in democracy has a legal liberty to express his opinions on public affairs…..
- Many liberties are based on the principle that no act is unlawful unless there is a rule to the contrary.
- Salmond gives an example: “if land owner gives me a license to go upon his land, I have a right to do so, in the sense in which the right means a liberty…….