Rethinking Obligation and Duty with Concept of Sanction

7 Pages Posted: 27 Nov 2011 Last revised: 26 May 2012

See all articles by Parveen Ara Pathan

Parveen Ara Pathan

Devi Ahilya Vishwavidyalaya, Indore; D.A.V.V. University - School of Law

Date Written: November 27, 2011

Abstract

In everyday life, confusion of what ought to be done or what ought not to be done remains attached with behaviour of every individual. Duty and sense of obligation require reason and cause explained with reasonableness to signify the conduct of a person. This paper evaluates the origin of idea of duty, approval or disapproval of behaviour by others, and whether sanction is the only test of legal duty. Whether Non compulsion and breach of duty are correlated .Social deviance is the result of lack of sense of obligation in any individual or is the utterance of dissatisfaction in ground level needs of life .It examines the meaning of sanction together with appropriate sanction and performance of duties. Act and omission are the part of conduct but moral values, religious beliefs and consequences attached to a conduct have impact on human behaviour though unrealised at that instance, have contribution in building opinion about future conduct of an individual. Sanction attached to no reforms in criminals after punishment and good behaviour in further life needs explanation not on the basis of any jurisprudential study but clarifies the presence of factors other than sanction. Performance of duty is only to make people aware of their own conduct and impact of such conduct on others. Sense of clear understanding of duties and obligation in people ,leads to formation of a ‘well ordered society’ which is the fundamental idea of public conception of justice.

Keywords: obligation, duty, sanction, enforciability of duty, well ordered society, justice

JEL Classification: K10, K40, K42

Suggested Citation

Pathan, Parveen Ara, Rethinking Obligation and Duty with Concept of Sanction (November 27, 2011). Available at SSRN: https://ssrn.com/abstract=1965155 or http://dx.doi.org/10.2139/ssrn.1965155

Parveen Ara Pathan (Contact Author)

Devi Ahilya Vishwavidyalaya, Indore ( email )

Takshshila Campus, Indore
Rnt, Marg, Indore, India
Indore, Madhya Pradesh 452001
India

D.A.V.V. University - School of Law ( email )

Indore, Madhya Pradesh 452001
India

HOME PAGE: http://parveenarakhan@gmail.com

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