Rethinking Obligation and Duty with Concept of Sanction

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.