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14 See especially Hegel, above n. 4. correlativity and personality 25 The rights and duties in a coherent liability regime specify the manifestations of personality in the parties’ legal relationship. Because personality signifies the capacity for purposiveness without regard to particular purposes, no obligation exists to exercise this capacity toward any particular end. Any duties that reflect personality are therefore the negative correlates of rights. These rights arise insofar as the capacity for purposive agency is not merely an inward attribute but achieves external existence in social interactions through its exercise by or embodiment in an agent.
The notion that the law of negligence is a coherent system of justification precludes particular duties of care from being regarded as isolated norms. Rather, the particular duties are systemically related to one another because they participate in a shared general conception of duty. To play its role as a necessary determinant of coherence across particular duties, the general conception of duty must itself be an expression of the very coherence that it imparts. For “the relation between the parties” (as Lord Atkin calls it)10 to be coherent, that relation has to be regarded as correlatively structured through the defendant’s doing and the plaintiff ’s suffering of the same wrong.
Accordingly, it disqualifies considerations (such as welfare) that do not have the requisite structure, and insists on considerations (such as rights and their correlative duties) that do. Indeed, unless rights were available, corrective justice could not be actualized in practice, because private law would be unable to comply with its structural standard. But while correlativity needs rights, it gives no positive indication of their nature and content. Personality performs this function. Drawing on the law’s doctrines concerning the role of purposiveness in the acquisition and transfer of rights, the juridical conception of corrective justice postulates personality as the abstraction that brings out the connection between the content of any person’s right and the external manifestation of that person’s volition.