F3 Flashcards
(20 cards)
Kinds of Rights: are those based on natural law, that is on human nature eg. The right to live; the right to education ; the right to work.
Natural rights
Kinds of Rights: are those based on human positive laws, either those enacted by the State or a religious sect.
Human rights
Kinds of Human Rights: are those dependent upon law of the state
Civil rights
Kinds of Human Rights: are those dependent upon the laws of the church or religious sect.
Ecclesiastical
Kinds of Rights: are those which cannot be surrendered, renounced, or removed, such as the right to decent livelihood.
Inalienable rights
Kinds of Rights: are those civil or religious which can be surrendered, renounced, or removed, such as the right to travel.
Alienable
Kinds of Rights: is the power of lawful authority to govern his subjects and to make laws for them. A father has the right of jurisdiction over his children.
Right of jurisdiction
Kinds of Rights: the power to own, to sell, to barter, to lend, to change, or give away one’s personal possessions. The farmer has property rights to the lands he owns and the produce thereof.
Right of property
Kinds of Rights: refers to all rights in so far as they based on law. These rights must be respected, allowed, fulfilled, as a matter of strict justice.
Juridical rights
Characteristics of Rights: the natural limits or boundary beyond which a right may not be insisted without violating the rights of another. eg. One may not play his radio in a way that would disturb the right of another who wants to sleep.
Limitation
Characteristics of Rights: the conflict of two rights so related that is not possible to exercise one without violating another. eg. Contraception bill .
Collision
Characteristics of Rights: the power inherent in rights to prevent their violation to exact redress for their unjust violation. eg. A person whose right has been violated may sue the aggressor in court.
Coaction
Civil and Political Rights: are those which an individual enjoys in his private activities, or in his transactions with others, as protected and granted by law.eg. The right to privacy, the right to travel or change residence, the right to property, the right to worship, and the right to access to a court of justice.
Civil
Civil and Political Rights: are those which an individual enjoys in participation in government affairs. These include the rights to free speech, the right to form associations, the right to assemble and to petition the government for redress of grievances, the right to vote and be devoted upon to public office.
Political
- taken objectively, is anything we are obliged to do or to omit. Taken subjectively, is a moral obligation incumbent upon a person of doing, omitting, or avoiding something.
- a moral obligation because it depends upon freewill.
Duty
“one who has rights to something has the duty to act consistent with that right. If a person has the right to life, he is duty bound to look for the means that would sustain that life”.
Correlation of Rights and Duty
“those who claim their rights, yet altogether forget or neglect to carry out their respective duties, are people who build with one hand and destroy with the others.“
Reciprocity of Rights and Duties :
Kinds of Duties: are those imposed by natural law such as, the duty to care for our health.
Natural
Kinds of Duties: are those imposed by human positive law such as, the duty to pay taxes and to observe traffic rules.
Positive
Kinds of Duties: are those which require the performance of a certain act, such as casting a ballot during election, or, applying for as business license. . .negative duties are those which require the omission of certain act , such as not carrying illegal firearms, or not destroying the property of another.
Affirmative
