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91 u d e f i n i t i o n v i i i u Right is an active moral power, belonging to a person, to receive something from another as a matter of necessity. 1. 2. 3. 4. 5. Ambiguity of the word. Perfect right. What sort of a right inheritance is. Mixed right. Imperfect right. 1. In addition to those meanings by which the word right (jus) is used for law, and for a complex or system of homogeneous laws, as also for a judicial sentence, or the sentence of laws applied to deeds, for example, when we say that the praetor renders judgement (jus), or the jurisconsult answers on a point of law (jus), the most frequent use is to employ it for that moral quality by which we properly either command persons, or possess things, or by which things are owed to us. Thus, under the name of right comes commonly authority over persons as well as over things which are our own or another’s; and that authority which regards things is in a special sense called “the right in the thing.” Concerning these words, however, this discrimination seems to be observed, namely, that authority rather suggests the actual presence of the aforesaid quality over things orpersons,butmore obscurely connotes, and leaves almost undecided, the manner in whichone has acquired it; while right properly and clearly indicates that the quality has been acquired properly and is now also properly held. But because a number of species of the above-mentioned quality rejoice in special designations , which that quality, whereby something is owed us, lacks,wehave preferred to mark this quality here in a peculiar way with the designation 92 book i, definition viii of right (jus), under the proviso, however, that we do not at all wish to be bound to accept this word always within these narrow limits. 2. Now right is either perfect or imperfect. He who has infringed upon the former does a wrong which gives the injured party in a human court of law ground for bringing action against the injurer. To this corresponds on the other side perfect obligation in him from whom that which is owed us is to come. Therefore, I am able to compel him, when he refuses to pay this debt voluntarily, either by directing action against him before a judge, or, where there is no place for that, by force. Rights of that kind, when they have not yet been deduced with sufficient clearness, or are disputed by him whom they regard, are commonly called pretensions. 3. Furthermore, under the rating of rights, it is customary to bring inheritance , the word being taken not for the property, butforadefinitemode of pertinence. Here it must be noted, that inheritance upon the end of the life of him from whom it descends, has the force of plenary right against all who in any way whatsoever have temporarypossessionoradministration of that property. For, by the death of the owner, plenary right to the goods devolves upon the heir, whether he be the heir according to the testament and desire of the former owner, or by the laws of the state. But, so long as the testator is still among the living, there belongs as yet to the heir, no matter in what way he be called to succession, norightwhichisvalidagainst the testator and can keep him from being able still to make disposal of his goods to please himself, notwithstanding the fact that he has once signified his desire; unless, perchance, civil laws should order that all goods, or a definite part of the same, should altogether be turned over to certain persons , and should not grant the free making of a testament, just as in certain states the authority to dispose by will is allowed in the case of no goods at all, in other states only in the case of goods which have been acquired by one’s own industry. In this case inheritance comes very close to the efficacy of a right, even before the death of the owner, to such a degree that he may not transfer to another, on any ground at all, to the injury of his necessary heir, a notable part of his own goods. 4. It is customary, of a truth, for a number of things to come commonly under the rating of rights, which, if we should care to speak accurately, are a sort of...

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