2. Legal duties :
Whenever
legal rules require or prohibit certain conduct, the notion of duty
has application. The plainest examples of such requirements and prohibitions
are the duties created by the criminal law when it provides for the punishment
of certain forms of conduct. The duties, it thus create may be either negative
(e.g., to abstain from murder or theft) or positive (e.g., to report for
military service or pay taxes).....
3. Obligation and duty:
By jurists
of some systems, mainly those descended from Roman law, a distinction is
drawn between obligation and duty, the former being reserved for cases
such as those where a determinate person is bound as a result of some past
transaction or relationship to pay or render some service to another determinate
individual who has a corresponding legal right to such payment or service.
Obligations are typically” incurred” or created by a man for himself, whereas
duties “ arise” from his position under the law without any act on his
part.
4. Duties and sanctions :
Many, perhaps
most, legal theorists have argued that legal and moral duties can only
be distinguished by the provision made by legal rules for coercive sanctions.
However, it is conceptually impossible to hold
(1) that moral duties may be
extinguished by legislative repeal or fiat, as legal duties can,
(2) that moral duties may relate
to activities which are not considered in any way important as some legal
duties may be, and
(3) that general moral duties
could be expressly created simply for the purpose of advancing some specific
objective or social aim as general legal duties frequently are furthermore,
lawyers and jurists sometimes use the expression “Duty” of actions where
no sanction is provided. The coercive sanctions of the law may then
be more illuminatingly regarded as the characteristic, but not invariant,
legal form of this wider notion.
5. Moral duties:
In considering
moral duties, it is important to distinguish the accepted or conventional
positive morality of an actual social group from the moral principles
and ideals which may govern an individual’s life but which do not exist
as a shared code of a social group. The duties of positive morality are
those forms of conduct (negative or positive) which like a debt are, according
to the rules of the accepted moral code, held to be justifiably exacted
or demanded from individuals.......
Duty in other social contexts
:
Legal and
moral rules are of course not an exhaustive dichotomy, and the notion of
duty also refers to the requirements of rules which fall into neither of
these two categories (e.g., the rules of voluntary associations like clubs
or business organizations, rules governing activities for which there are
only intermittent opportunities such as ceremonies, or activities like
games which are held to be voluntary and from which withdrawal is permitted).
Broadly speaking, the notion
of duty or, sometimes, obligation may be used where there is a relatively
enduring office or social role in which the occupant performs a specific
function calling for specific forms of behavior. Thus, it is common to
speak of the duties of a host or of the captain of a team or the chairman
of a committee, where rules which are neither legal nor moral, specify
the forms of behavior required.