This statement, in spite of literal inaccuracy in its every phrase, served the purpose for which it was written. It expressed an aspiration, and it was a fighting slogan. In order that slogans may serve their purpose, it is necessary that they shall arouse strong, emotional belief, but it is not at all necessary that they shall be literally accurate. A large part of each human being's time on earth is spent in declaiming about his "rights," asserting their existence, complaining of their violation, describing them as present or future, vested or contingent, absolute or conditional, perfect or inchoate, alienable or inalienable, legal or equitable, in rem or in personam, primary or secondary, moral or jural (legal), inherent or acquired, natural or artificial, human or divine. No doubt still other adjectives are available. Each one expresses some idea, but not always the same idea even when used twice by one and the same person.
They all need definition in the interest of understanding and peace. In his table of correlatives, Hohfeld set "right" over against "duty" as its necessary correlative. This had been done numberless times by other men. He also carefully distinguished it from the concepts expressed in his table by the terms "privilege," "power," and "immunity.'' To the present writer, the value of his work seems beyond question and the practical convenience of his classification is convincing. However, the adoption of Hohfeld's classification and the correlating of the terms "right" and "duty" do not complete the work of classification and definition.
(Extracted from Arthur L Corbin, Rights and Duties, 33 Yale LJ 501(1923)
Clarifying Rights Discourse: Author's Identified Problem
The passage discusses the way "rights" are spoken about, starting with a famous statement about self-evident truths regarding equality and inalienable rights. The author acknowledges that while such statements might not be literally accurate, they can be effective as rallying cries or "fighting slogans" because they evoke strong emotions.
Statement Purpose vs. Literal Accuracy
The author points out that the effectiveness of a slogan doesn't depend on its absolute factual correctness. Historical statements, like the one quoted, might contain literal inaccuracies but still serve their purpose of inspiring belief and action. The focus shifts from perfect accuracy to emotional impact.
Ambiguity in Rights Language
A core issue highlighted is the way "rights" are described using a vast array of adjectives. The author lists examples such as vested, contingent, absolute, conditional, perfect, inchoate, alienable, inalienable, legal, equitable, inherent, acquired, natural, and divine. The author's main critique here is:
- Each adjective attempts to express an idea about rights.
- However, these terms are often used inconsistently, even by the same person.
- Crucially, they "all need definition in the interest of understanding and peace."
This lack of clear definition and consistent usage for the many qualifying terms surrounding "rights" creates confusion and hinders genuine understanding.
Hohfeld's Framework and Its Scope
The passage mentions Wesley Hohfeld's work, particularly his concept of "right" being correlated with "duty," and his distinction between "right," "privilege," "power," and "immunity." The author finds Hohfeld's classification valuable and practically useful. However, the author explicitly states that adopting Hohfeld's system does not fully resolve the broader problem of classification and definition needed for discourse surrounding rights.
Identifying the Primary Problem
Based on the author's emphasis on the multitude of adjectives and the need for their definition, the primary problem identified in the current discourse surrounding "rights" is the sheer number of undefined and inconsistently applied descriptive terms. The passage suggests that before rights can be clearly understood and discussed peacefully, these terms require precise definition.
Therefore, the most accurate option is the one that addresses the excessive use of unclear and inconsistent adjectives modifying the concept of rights.
Similar Questions
- The author's view of Hohfeld's contribution to legal scholarship can best be described as:
- The phrase "literal inaccuracy in its every phrase" is used by the author to critique the Declaration's statement, suggesting a conflict between its rhetorical power and its:
- In formulating Principle VI (a), the ILC clarified the term "waging of a war of aggression" because:
- The debate within the International Law Commission regarding the creation of an international judicial organ (Part IV) centered on the following contrasting positions:
- The International Law Commission (ILC) concluded that its task, as directed by General Assembly resolution 177 (II), was primarily:
- Principle IV of the Nuremberg Principles concerning superior orders, differs from Article 8 of the Charter of the Nuremberg Tribunal by:
- The Tribunal, in its judgment, was constrained from making a general declaration that the acts of persecution and murder committed in Germany before 1939 were "crimes against humanity" primarily because:
- The author attributes the growing public frustration with the UN primarily to which pair of continuous failures?
- A primary point of divergence between the US Conservative position and the Secretary-General's Conservative position on security matters, according to the summary is:
- According to the critique's conclusion, the immediate, insurmountable barrier preventing the implementation of any reform, major or minor, is:
Important Questions from Non Grammar
- The author's view of Hohfeld's contribution to legal scholarship can best be described as:
- The phrase "literal inaccuracy in its every phrase" is used by the author to critique the Declaration's statement, suggesting a conflict between its rhetorical power and its:
- In formulating Principle VI (a), the ILC clarified the term "waging of a war of aggression" because:
- The debate within the International Law Commission regarding the creation of an international judicial organ (Part IV) centered on the following contrasting positions:
- The International Law Commission (ILC) concluded that its task, as directed by General Assembly resolution 177 (II), was primarily:
