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Difference between Right and Liberty

This article contains 3 differences between Right and Liberty.

Right

  • “Right” in the strict cannot exist without its correlative “duty”.
Doing The Right Thing Is Always The Right Thing To Do by Beca Lewis

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  • “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

  • “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…….
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