Tuesday, 6 September 2016

Legal wrong

Salmond says that a wrong is simply a wrong act- an act opposit to the rule of right and justice .A synonym of it is injury , in its true and primary sense of injuria ( what which is contrary to jus ) though by a modern perversion of meaning this term has gained the secondary sense of harm or damage whether rightful or wrongful and whether inflicted by human agency or not. On the other hand Pollock says that wrong is in moral the contrary of right. Right action is that which moral rules prescribe or commend , wrong action is that which they prohibit . For legal purposes anything is wrong which is prohibited by law. There is wrong done whenever a legal duty is breached . A wrong may be reported in the largest sense , as anything done or omitted contrary to legal duty, regarded in so far as it gives rise to liability. Hence the being of duty, as it involves right , demands also the possibility , though we know too well that all rules are in fact sometimes breached . Duty right and wrong are not separate or divisible heads of legal rules or of their subject matter , but different legal aspect of the same rules and events. There may be duties and rights without any wrong , this happens whenever legal duties are justly or truly fulfilled. There can not of course be a wrong without a duty already being , but wrong also create new duties and liabilities. Strictly speaking therefore , there can be no such thing as a distinct law of wrongs. By the law of wrongs wee can mean only the law of duties , or some class of duties , regarded as exposed to infraction , and the special rules for awarding redress or punishment which come into play when infraction taken place . There is not on law of rights or duties and another law of wrongs. Nevertheless there are some kinds of duties which are more conspicuous in the breach than in the observance. The natural end of a positive duty is performance . A thing has to be done , and when it is duly done the duty is , as we say , discharged ; the man who was lawfully free. We contemplate performance , not breach. Appointments to officers are made or ought to be , in the expectations that the persons appointed will adequately fulfill their official duties . Wrongs are of two kinds , legal and moral . The essence of a legal wrong is that it is a violation of justice according to the law not the manner in which the guilty are treated. It is a legal wrong if a debt is not paid within the period of limitation. A moral wrong is an act is an act which is morally or naturally wrong . It is contrary to the rule of justice. It is a moral rule to disobey one's parents . A legal wrong need not be a moral wrong and vice versa.

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