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