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 the Effectiveness of the "Rights" Statement
The passage discusses a famous statement about human equality and inalienable rights. The author points out that, even though the statement might not be perfectly accurate in every detail, it achieved its goal. This goal was to express an ideal and serve as a rallying cry or a fighting slogan.
The text emphasizes a key characteristic of effective slogans: they need to stir strong feelings and deep conviction in people. Literal accuracy is not the main requirement for a slogan to work. Instead, it's the power to inspire belief and action that matters.
Analyzing the Statement's Purpose
The author explains that the statement's true value lay in its ability to:
- Express an aspiration – a hope or goal for how things should be.
- Act as a fighting slogan – a memorable phrase used to rally support for a cause.
The text contrasts this with the need for literal accuracy, suggesting that slogans often succeed because of their emotional impact rather than their factual precision.
Evaluating the Options Based on the Text
Option 1: Literal Truth
This option suggests the statement was effective because it was literally true. However, the passage explicitly states, "...in spite of literal inaccuracy in its every phrase...". Therefore, this option is incorrect.
Option 2: Comprehensive Legal Definition
The text mentions that various terms related to rights, like Hohfeld's classifications, often need careful definition. It implies that the original statement did not provide a detailed legal definition of natural rights but rather invoked the idea of them. Thus, this option is not supported.
Option 3: Emotional and Aspirational Content
This option aligns perfectly with the passage's explanation. The author states the statement "expressed an aspiration, and it was a fighting slogan" and that slogans need to "arouse strong, emotional belief" to be effective. This highlights the power of its emotional and aspirational content.
Option 4: Precise Jural Terminology
The passage discusses the complexity of legal terms and the need for definition, even referencing Hohfeld's attempts to classify rights using precise terms like "privilege," "power," and "immunity." It implies that the original statement itself did not use or provide such meticulous legal categorization. Therefore, this option is incorrect.
In summary, the author argues that the statement's effectiveness stemmed from its power to inspire emotionally and represent a desired future state, making it a potent fighting slogan, rather than its adherence to literal facts or legal precision.
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:
- Based on the passage, the primary problem the author identifies with the current discourse surrounding "rights" is the:
- 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:
- 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:
