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What are the differences between Primary Rights and Sanctioning Rights?

This article describes the differences between Primary Rights and Sanctioning Rights.

Primary Rights

  • Salmond defines: “A sanctioning right is one which arises out of the violation of another right. All other are primary. They rights which have some other source than wrongs”

    Primary Colors

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  • Example: I have a primary right not to be assaulted by any one.
  • Enforcement: the enforcement by which, primary rights are enforced, is called as “specific enforcement”.
  • The primary right can either a right in rem or a right in personam.

Sanctioning Rights

  • 1. “A SANCTIONING RIGHT IS ONE WHICH ARISES OUT OF THE VIOLATION OF ANOTHER RIGHT”.
  • Example: if X assaulted me, then I have a right to get compensation from X. this “right to compensation” is a sanctioning right.
  • Enforcement: the enforcement by which, secondary rights are enforced, is called as “sanction enforcement”.
  • The sanctioning right always is a right in personam.
  • The sanctioning right is always positive.
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