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1826. July 29
Constitutional Code. Ch. Jurisprudential entity
§. 1. Obligation
2. Right
Power immediately 1. bden 2
2 The Second species of Jurisprudential entities,rights. Otherwise the
the idea of obligation no clear idea can be answered alluded to the
word right
Efficient causes of right, two 1. abuse of correspondent obligation: 2. pretence
scarce of correspondent obligation: You have a right to be propose
exercise whatsoever act you are not under obligation to abstain
from the performance of. Such is the right which every human
being has in a state of nature.
2. Second efficient cause of right presence of correspondent
obligation. This obligation is the obligation imposed upon
other person s at large to abstain from disturbing you in the
exercise of the first mentioned sort of right. Preference had to the the first mentioned
right may be termed naked right: this second nature right
in a or established head right
But by whom are any obligation to this effect be imposed?
By no one other than the ruling authority in the State
the Legislature who conferrs the right: the Judge who gives
execution and effect to the law by which the right has been composed
Ordering the Judge thus to give execution and effect to this same law
what does the legislation in relation to you and the Judge? – Answer
he imposes on the Judge the ob eventual obligation of acting thus in your favour
he gives to you a right to thecorresponding of the Judge.
Considered as not being as yet established a right
but about endeavoured and waiting to be established a right may be termed an
right. The acti service rendered by the establishment
will be the object of a subject matter and object of a particular and correspondent sort
of judicial application application made by a suitor
to a Judge
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