The dialectic of human duties and rights

The paper substantiates the feasibility of defining human rights institution as human rights and duties because it is more relevant to the collectivist nature of society, complies with principles of law and ethics, and stays close to Russian culture and mentality. Human duties are proposed to be divided into three groups: human duties in respect of one’s own rights (individual moral and spiritual duties), human duties in respect of rights of other members of society (social duties), and human duties in respect of state (civil duties). This classification indicates that human rights and duties are content-wise independent of one another. In the first instance, they are derived from moral and spiritual and civil characteristics of a person having the right; in the second instance, they are implied by rights held by other person (persons); in the latter case, they follow from social and state organization of society. By this reasoning, the study rejects the views which deny any human duties within the scope of human rights as well as the derivativeness of duties from rights and vice versa. Based on the analysis of legal doctrine, legislation, Russian and international studies in this regard, the author concludes that it is impossible to consider duties of a modern person in isolation from his rights, and thus these terms should be conceptualized together. The research findings will help develop the doctrine of dialectic human rights and duties that is essential to keep the social and legal fundamentals of Russian society.