STUDY OF HOHFELDS THEORY OF RIGHTS AND DUTIES

Krishna Thej; Roll No:-557

Hohfeld Theory of Jural Relations

According to Hohfeld, there are eight fundamental legal conceptions. Those fundamental legal conceptions are sui generis. The most satisfying approach is to lay down various relations in a scheme of opposites and correlatives, and of then, to proceed with stating examples of their individual and scope application in concrete cases. Hohfeld saw every Jural relation as a relation between two persons. His notions might be presented in a slightly modified version of Glanville Williams table.

Hohfelds eight-fold conception

Right

Privilege

Duty Power

No-Right Immunity

Immunity

Disability

Jural Relations Explained

The vertical arrows couple jural correlatives, two legal positions that entail each other. The diagonal arrows couple jural opposites, two legal positions that deny each other. Every pair of correlatives must always exist together. None of the pairs of opposites can exist together. If person A has a right, he cannot have a no-right in relation to the same subject matter and the same person.

Basis of the Theory

Hohfeld based his analytical system on earlier Salmonds system. Salmond identified three jural relations. According to Salmond, the notion of right was used in a wider sense in order to indicate any advantage or benefit which is in any manner conferred upon a person by a rule of law. Rights in the strict sense, which are defined as interests protected by the law by imposing its duties with respect to the rights upon other persons. Liberties defined as interests of unrestrained activity and; Powers when the law actively assists me in making my will effective

Eight Jural Relations

The Eight Jural Relations are basic parts of the more complex legal relationships with which the law must deal. Hohfeld divided the eight into pairs which cannot exist together (opposites), and those which must exist together (correlatives). Jural Opposites- Right-No right PrivilegeDuty Power-Disability Immunity-Liability. Jural Correlatives- Right-Duty Privilege-No right Power-Liability Immunity-Disability.

Definitions

PRIVILEGE- The legal relation of A to B when A(with respect to B) is free or at liberty to conduct himself in a certain manner for the benefit of B by the command of society; and when he is not threatened by with any penalty for disobedience, for the reason that society has made no command. NO-RIGHT- The legal relation of a person, A, in whose behalf society commands nothing of another, B. POWER- The legal relations of A to B when As own voluntary act will cause new legal relations either between B and A or between B and the third person. LIABILITY- The relation of A to B when A may be brought into new legal relations by the voluntary act of B. IMMUNITY- The relation A to B when B has no legal power to affect someone or more of the existing legal relations of A, as to that particular existing relation A has an immunity with respect to B. DISABILITY- The relation of A to B when by no voluntary act of his own can A extinguish one (or more) of the existing legal relations of B.

Explanation

Rights, privileges, powers, immunities - these four seem fairly to constitute a comprehensive general classification of legal rights in the generic sense. The four correlative terms - duty, no-right, liability and disability - likewise sufficiently classify the legal burdens which correspond to the legal benefits. In Terrys Principles of Anglo-American Law, rights stricto sensu appears as correspondent rights, privileges as permissive rights, privileges as permissive rights, powers as faculative rights; but immunities not at all.