Rights and justice are used interchangeably in many ways because of the person who can bear them. The administration of justice serves to protect rights and the continuity of duty. Case law deals with questions of rights or obligations. All acts authorized by law are rights, while duty does not refer to any evil. Respect for the rights holder is the duty. There are human rights, fundamental rights, legal rights and moral rights, etc. The elements of legal claims are subject to rights, duties, content of rights, actions and titles. There are three theories of rights and duties: the theory of wills, the theory of interest, and the theory of state protection. The theory of will accepts each person as sovereign at the micro level, the theory of interest considers rights as a legally protected interest and obligation, and the theory of state protection assumes that all rights are concessions granted by the state by law. Therefore, legal rights can be defined as the right in rem and the personal right, the right of personality and the right of property, the positive right and the negative right, the main right and the ancillary right, the perfect right and the imperfect right, the right of repropria and the right to realization, acquired and contingent right, legal right and equity, physical right and intangible right, prior right and right of remedy, primary law and ancillary right, The obligation exists when a right exists, so the classification of the legal obligation is similar to the legal rights. The Stoics followed the concept of religion, since people have only duties but no rights. Duguit also argues in this direction. For the Scandinavian realist, rights, duties, duties and justice are metaphysical; So they make no sense.
However, there is an approach based on both rights and duty that is accepted in today`s society. Rights and obligations are an integral part of legislation and jurisprudence. The ultimate purpose of the law is either to establish rights or obligations. According to Hohfeld, rights and obligations are divided into correlative, contradictory and opposing legal. There are living forms of rights, i.e. rights, freedoms, privileges, powers and immunities, while the forms of duty vary in terms of duty, absence of right, responsibility and obstruction, etc. However, all jurisprudence deals with the method of determining the rights and duties of the people. For Dworkin, a right is the trump card, and for John Rawls, it refers to freedom and distributive justice.
Nevertheless, rights and obligations are essential elements of legislation and jurisprudence for resolving disputes between different parties and the nature of the right. This seminar paper focuses on the term „Legal Rights“. An attempt is made to critically analyze some theories of legal rights and different types of legal claims. Also consider some cases related to these rights in this document. Finally, some recommendations were made. Rights are important conditions for the development of human character. According to Laski, rights are the state of social life without which no human being can be the best. The theory of natural rights is essential. Locke is the main proponent of this theory. According to this theory, human beings have certain natural rights that are inherent in man and cannot be taken away from him. These rights are based on natural reason. According to Locke, the rights of persons, freedoms and property are natural and direct the state and are an obligation for the state.
However, this is not an adequate basis for rights. These are not the only human rights that people need. In fact, property law can become an anti-social organization in absolute terms. The concept of natural reason is ambiguous. Another theory is historical theory. According to this theory, man should be guaranteed the rights he has enjoyed in the past, such as the right to property. It is also a laconic theory. Rights in the present cannot be invoked on the past. Some of the rights enjoyed in the past may be outdated and not required. Keywords: conditions, inherent, freedom, natural rights, past, property This article is intended to discuss legal rights and types of rights, but before considering the meaning and types of rights, it is very necessary to know the terms „evil“ and „duty“, both of which are closely related to rights, and it is desirable to refer to them, before addressing the important issue of legal rights. This article is very important because each branch of law such as contracts, tort, crime and family consists of rules and these rules create rights and obligations.
In the course of the administration of justice, these rights and obligations are therefore applied by the State. Therefore, it is very important to know the definition of rights, injustices and legal obligations. 10 pages Published: 08 May 2019 Last revised: 26 March 2020. Subscribe to this paid guide for more curated articles on the topic Law and Society: Public Law – Constitutional Law eJournal.
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