The origin and development of the moral ideasWestermarck, Edward
Philosophy
The origin and development of the moral ideas
Westermarck, Edward
Ethics; Ethics -- History; Prehistoric peoples
It is commonly said that rights have their corresponding duties. But
if this expression is to be used, it must be {141} remembered that the
duty which "corresponds" to a right, as a matter of fact, is either
included in that right or simply identical with it. The identity
between the right and the duty, then, consists in this, that the
notion of a right belonging to a person is identical with the notion
of a duty towards him. Rights and duties are not identical in the
sense that it is always a duty to insist on a right, though this has
been urged.[19] If anybody prevents me from making use of my right it
may no doubt be deemed a duty on my part not to tolerate the wrong
committed against me, but nothing of the kind is involved in the
concept of a right. And the same may be said with reference to the
assertion that a right to do a thing is always, at the same time, a
duty to do it--an assertion which is a consequence of the doctrine
that there is nothing morally indifferent and nothing that goes beyond
duty; in other words, that all conduct of responsible beings is either
wrong or obligatory. Even if this doctrine were psychologically
correct--which it is not--even if there were a constant coincidence
between the acts which a person has a right to perform and acts which
it is his duty to perform, that would not constitute identity between
the concepts of rights and duties. According to the meaning of a
right, A's right may be B's duty towards A, but A's right cannot be
A's duty towards B or anybody else.
[Footnote 19: Alexander, _op. cit._ p. 146 _sq._]
Closely connected with the notions of wrongness and rightness are the
notions of _injustice_ and _justice_. Injustice, indeed, is a kind of
wrongness. To be unjust is always to be unjust to somebody, and this
implies a doing of wrong to somebody, a violation of somebody's right.
"Justice," again, is a kind of rightness. It involves the notion that
a duty to somebody, a duty corresponding to a right, is fulfilled;[20]
we say that justice "demands" that it should be fulfilled. As an act
is "right" if its omission {142} is wrong, so an act is "just," in the
strict sense of the word, if its omission is unjust. But, like the
adjective "right," the adjective "just" is also sometimes used in a
wider sense, to denote that something is "not unjust." As
non-obligatory acts that are "not wrong" can hardly be denied to be
"right," so non-obligatory acts that are "not unjust" can hardly be
denied to be "just," although they are not demanded by justice.
[Footnote 20: According to the _Institutiones_ of Justinian (i. 1. 1)
"justice is the constant and perpetual will to render to each one his
right,"--"justitia est constans et perpetua voluntas jus suum cuique
tribuens."]
Public-domain text, read in full here on John Shaqi.
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