Duty & Obligation

Right and obligation are correlative terms.

Jus et obligatio sunt correlata.

Source: Ogden v. Saunders, 25 U.S. 213, 281; cf. Blackstone, 1 Comm. 123

Every right held by one person implies a corresponding duty in another to respect it. Where there is no duty, there is no right — and where there is a right, there must be a remedy for its violation.

It is safe not to obey him who has no right.

Tutum est non habenti jus ei non parere.

Source: Hob. 146; Weisman, 34a

Obedience is owed only to lawful authority. An officer who commands without jurisdiction may be lawfully refused — and the refusal is not contempt but right.

A neglected duty often injures as much as a duty wrongfully performed.

Neglecta officii saepe tantum contra bonos interest quantum officium male administratum.

Source: Keim v. United States, 177 U.S. 290, 295; Weisman, 34h

The officer who fails to act when duty demands it is as liable as the officer who acts unlawfully. Maladministration includes both commission and omission.

No one is bound to do what is impossible.

Nemo ad impossibile tenetur.

Source: Black's Law Dict. (2d); Jenk. Cent. 7; Co. Litt. 231b; Weisman, 34g

An obligation that cannot be performed is void. This applies to contractual duties, statutory commands, and court orders alike.

He who receives the benefit should also bear the burden.

Qui sentit commodum, sentire debet et onus.

Source: 1 Co. 99; Broom, Max. 706-713; 1 Kames, Eq. 289; 1 Story, Const. 78

Benefit and burden are inseparable — a government that claims the benefit of authority must also bear the burden of its fiduciary duties.

He who bears the burden should also enjoy the benefit.

Qui sentit onus, sentire debet et commodum.

Source: 1 Co. 99a; Broom, Max. 638; Weisman, 12g

The People who bear the burden of taxation, obedience, and civic duty are entitled to the benefit of protection and liberty — the equation must balance.