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 Legal Concepts
The question asks us to identify which concept from Hohfeld's table of correlatives was not explicitly mentioned in the provided passage as a concept that "right" was distinguished from. To answer this, we need to carefully examine Hohfeld's framework as described in the passage and compare it with the given options.
Hohfeld's Framework: Rights and Their Relations
Wesley Newcomb Hohfeld developed a system to clarify complex legal terminology. He identified fundamental jural relations. A key aspect is the concept of correlatives – pairs of terms where the existence of one implies the existence of the other. The passage mentions that Hohfeld considered "right" and "duty" to be such a pair:
- Right and Duty are presented as necessary correlatives.
Beyond these direct correlatives, Hohfeld also distinguished "rights" from other related concepts to precisely define their meaning and scope.
Passage Details on Distinctions from "Right"
The passage explicitly states how Hohfeld differentiated "right" from other concepts. It reads:
"He also carefully distinguished it [right] from the concepts expressed in his table by the terms "privilege," "power," and "immunity."
From this statement, we can clearly identify the concepts that the passage says Hohfeld explicitly distinguished "right" from:
- Privilege
- Power
- Immunity
Evaluating Each Option
Now, let's look at the given options and see how they relate to the passage's description:
- Duty: The passage mentions "duty" as a correlative of "right," not as a concept "right" was distinguished from. Therefore, "duty" was not explicitly mentioned in the passage *as a concept "right" was distinguished from*.
- Privilege: The passage explicitly states that Hohfeld "distinguished it [right] from the concepts... by the terms 'privilege,'..." Thus, "privilege" was explicitly mentioned as being distinguished from "right."
- Immunity: Similarly, the passage explicitly states that Hohfeld "distinguished it [right] from the concepts... by the terms... 'immunity.'" Thus, "immunity" was explicitly mentioned as being distinguished from "right."
- Disability: The concept of "disability" is not mentioned at all in the provided passage in the context of Hohfeld's distinctions from "right." Since it is not mentioned, it cannot be explicitly mentioned as a concept "right" was distinguished from.
Conclusion on Unmentioned Distinctions
The question asks for the concept that was not explicitly mentioned in the passage as a concept "right" was distinguished from. While "duty" is mentioned but as a correlative, "disability" is entirely absent from the passage's discussion regarding distinctions from "right." Therefore, "disability" is the concept that fulfills the condition of not being explicitly mentioned in this specific context.
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 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:
- 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:
