Maxim 3.7.14
Right and obligation are considered by all ethical writers as correlative terms.
Source: Ogden v. Saunders, 25 U.S. 213, 281; Weisman, 34i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Every right implies a corresponding obligation and vice versa — cite this to argue that a party who asserts a right must also acknowledge the duty that accompanies it, and one who bears a duty may enforce the correlative right.
Where this applies
- A landlord demands rent from a tenant but refuses to provide a habitable dwelling; the court holds that the right to collect rent carries the correlative obligation to maintain the property.
- A citizen asserts his right to a jury trial, and the court reminds him that the correlative obligation is to serve on juries when called.
- An employer claims the right to direct an employee's work but denies any duty to provide a safe workplace; the court holds that the right and the obligation are inseparable.
Legal domains
Cite this maxim
NeCede Max. 3.7.14 — Right and obligation are considered by all ethical writers as correlative terms. — Ogden v. Saunders, 25 U.S. 213, 281; Weisman, 34i
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