Evaluate and discuss the following view, and state whether it would be accepted as generally correct by most lawyers and judges: “A person who has both rights and duties” defines the most basic concept of the law.
Remember, the Bill of Rights, the first 10 amendments to the Constitution, are a recitation of guarantees of rights. The Bill of Rights does notgrant rights, it simply recites what were and are recognized as the rights of citizens—and that enumeration of rights doesn’t mean that there are not other rights retained by the people, as is stated in the Ninth Amendment.
Most of a person’s legal duties are duties to abstain from certain actions,for example, to abstain from theft, harmful physical violence, or deception-for-profit. But a few legal duties require positive action, (i.e., to remove from one’s yard an attractive but dangerous object which might injure another person, and to pay income tax).