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)
Understanding Hohfeld's Contribution to Legal Rights
The passage discusses the historical statement about self-evident truths and inalienable rights, acknowledging its rhetorical power despite its literal inaccuracies. It highlights that the concept of "rights" is complex, often described with various adjectives, and requires clear definition for understanding and peace. The text then introduces the legal scholar Hohfeld and his work on classifying legal concepts.Author's View on Hohfeld's Work
The author of the passage expresses a clear perspective on Hohfeld's contribution:- Value and Convenience: The author states, "To the present writer, the value of his work seems beyond question and the practical convenience of his classification is convincing." This indicates a strong appreciation for Hohfeld's framework, particularly his efforts to distinguish "right" from "duty," "privilege," "power," and "immunity."
- Incompleteness: Despite the high regard, the author immediately qualifies this by saying, "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." This signifies that while Hohfeld's system is valuable and helpful, it is not the final word on defining and classifying legal rights.
Analysis of Options
Let's examine how the given options align with the author's perspective:- Option 1: "Essential but ultimately incomplete in fully defining and classifying "rights.""
- This option perfectly captures the author's dual assessment: Hohfeld's work is highly valuable ("essential") and convincing, but it "do[es] not complete the work" of definition and classification.
- Option 2: "Flawed because it failed to distinguish "right" from "duty" effectively."
- This contradicts the text, which states Hohfeld *did* distinguish "right" from "duty" and that the author found this classification "convincing."
- Option 3: "Irrelevant, as his classification uses confusing and difficult jargon."
- The author's praise ("value...beyond question," "practical convenience") directly opposes the idea that Hohfeld's work is "irrelevant" or uses "confusing jargon."
- Option 4: "Sufficiently exhaustive to complete the work of definition and classification."
- This is directly refuted by the author's statement that Hohfeld's work "do not complete the work of classification and definition."
Conclusion
Based on the direct statements made by the author in the passage, Hohfeld's contribution is seen as a crucial, valuable step that provides practical convenience in understanding legal concepts like "rights" and "duties." However, it is explicitly mentioned that this classification does not fully accomplish the entire task of defining and classifying all aspects of rights. Thus, it is essential yet incomplete.Similar Questions
- According to the text, what did Bentham consider the fundamental unit of human action, replacing concepts like natural rights?
- Which of the following is identified as Bentham's fundamental axiom underlying utilitarianism?
- Utilitarianism, as described in the text, emphasizes which aspect of an act over the others listed?
- The characteristic of utilitarianism that operates beyond individual thought, desire, and perspective is called:
- Bentham's ethical system attempted to quantify happiness and the good to meet the conditions of the scientific method, which required ethics to be all of the following except:
- The author suggests that the statement "all men are created equal and are endowed by their Creator with certain inalienable rights" was effective primarily because:
- Based on the passage, the primary problem the author identifies with the current discourse surrounding "rights" is the:
- 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:
- Which concept from Hohfeld's table of correlatives is not explicitly mentioned in the passage as a concept "right" was distinguished from?
- The International Law Commission (ILC) concluded that its task, as directed by General Assembly resolution 177 (II), was primarily:
Important Questions from Non Grammar
- According to the text, what did Bentham consider the fundamental unit of human action, replacing concepts like natural rights?
- Which of the following is identified as Bentham's fundamental axiom underlying utilitarianism?
- Utilitarianism, as described in the text, emphasizes which aspect of an act over the others listed?
- The characteristic of utilitarianism that operates beyond individual thought, desire, and perspective is called:
- Bentham's ethical system attempted to quantify happiness and the good to meet the conditions of the scientific method, which required ethics to be all of the following except:
