A person possessing a positive right can compel the person with the duty to perform a positive act. Duties are classified under the following categories –. A positive right corresponds to a positive duty whereas a negative right corresponds to a negative duty. It is the duty of a state to protect the rights of the people. Your email address will not be published. In simple words, it synthesizes with both – th… Some writers, although argue that there are certain rights which have no objects. Supreme Court of India – The Apex Court of India defined legal right in the case of, as: “In strict sense, legal rights are correlatives of legal duties and are defined as interests whom the law protects by imposing corresponding duties on others. I. These type of legal rights cannot be found in India. Historically, the answer to the question, “what is Law” is thought to have two competing answers. A duty is an obligatory act. For example, the act of not wasting paper is our moral duty but not legal. Thus, there cannot be a legal right without a subject or a person who owns it. He has classified duties into absolute and relative. For example, owning a vehicle is a private right. At the End of the last MCQ of this post, you will find a link to Next MCQs of English Jurisprudence. These are the bundles of those rights which are the privileges enjoyed by any person e.g. The Directive Principles of the State Policy that is present in the Indian Constitution is an example of imperfect rights. Legal rights affect every citizen. Legal rights exist only in society. A positive right involves a positive act while a negative right involves some kind of forbearance or not doing. It is also called the remedial or adjectival rights. He calls the theory of subjective right a a mere metaphysical abstraction. Definition, Basis and Characteristics & Types of Legal Rights by : Vijay Sardana Advocate, Delhi High Court. He considers legal right as that power by which a man makes other persons do or refrain from doing a certain act by imposing a legal duty upon them through the agency of law “state”. The modem terms right “in rem” and right “in personam” have been generalized, somewhat inaccurately, from Roman sources. debtor for the purpose of securing the recovery of the debt. It is a right to some act or omission of such person or persons. In this article, we shall study the concept of “Legal Rights”. A legal right is always vested in a person who may be distinguished, as the owner of the right, the subject of it or the”person of inherence”. One of the very first questions that would come into any […] A company or a corporate enjoys its existence as a legal person which is endowed with all the rights and liabilities as that of a person by the effect of fiction created by law. According to Salmond every legal right has the following characteristics: i) The person of inherence: or the person in whom the right inheres or resides. They are equally available to all the people. According to Pollock ”right is freedom allowed and power conferred by law”. According to Kant“ right is an authority to compel”. the possession and use of it vested in another person. It obliges a person to act or forbear in favour of the person who is entitled to the right. The owner of the encumbered property is called the trustee and the owner of the encumbrance is the beneficiary of tire trust. Perfect right means the complete right, which signifies the right for which there is remedy also. Alternatively, the court may grant an injunction for the enforcement of a legal right. It is vested in a person who may be distinguished as the owner of the right, the subject of … The central principle of the legal theory of rights is that they completely depend upon the institutions and recognition of state. The law protects cruelty against animals, and to some interest the interest of animals, but animals do not possess any legal rights. Or answer to duty lying on party or parties, other than the party or parties in whom resides”. If an individual owes a duty towards society at large, then an indeterminant body is the subject of inheritance. They are to be exercised by the people for their development and hence for the development of society. He is a person bound by the duty or the subject of the duty. The modem terms right “in rem” and right “in personam” have been generalized, somewhat inaccurately, from Roman sources. He says that “every legal right has a title, that is to say, certain facts or events by reason of which the right has become vested in its owner”. 6. The concept and contents of rights keep on changing with the passage of time. There can be no right without a subject. A negative right corresponds to a negative duty and is a right that the person bound shall refrain from some act which would operate to the prejudice of the entitled; in other words, a negative right, corresponds a negative duty. He says, for an interest to be regarded as a legal right, it should obtain not merely legal protection but also recognition. According to Austin right is a “Faculty which resides in a determinate party or parties by virtue of a given law and which avails against a party or parties. Specific performances may also be ordered by the court. The Person of Incidence – A legal right operates against a person who is under the obligation to obey or respect that right. There exist two main theories of legal rights – 1. Such a person is called the person of incidence or the subject of the duty. Disclaimer: This document is intended to provide information only. Keaton – A duty is an act of forbearance which is enforced by the state in respect of a right vested in another and breach of which is a wrong. Immediate objects of law are the creation and protection of legal rights… Origin of Legal rights has been a subject of debate for many decades. A secondary duty, on the other hand, is one which has no independent existence of other duties. He asserts that the basis of legal right is “interest” and “not will”. The number of negative rights is larger than the positive rights. Rights in Rem and Rights in Personam 10. These interests are not created by the state, but they exist in, the life of the community itself. Legal rights at certain characteristics and can … This site uses Akismet to reduce spam. Jurisprudence, Science or philosophy of law.Jurisprudence may be divided into three branches: analytical, sociological, and theoretical.The analytical branch articulates axioms, defines terms, and prescribes the methods that best enable one to view the legal order as an internally consistent, logical system. is the rule of justice and protects only certain interests. It is an act. It considers law as a social and legal institution that can be created and modified consciously. Austin has stated that rights are interdependent, not correlative, contrary to Salmond’s opinions. In … This was stated in the case of Allen v. Waters & Co. [(1935) 1 KB 200]. Corporeal and Incorporeal ownership-trust, vested and contingent interests. The object or subject-matter of the right is the land. Roman law, Greek law and Hindu law, has used the concept too. S.R., Jurisprudence (Legal Theory), 2004. The main object of law is protection of human interests and to avert conflict between their individual interest. A positive right has a mediate and indirect relation to the object while a negative right is immediately related to the object. Public rights are those vested with the state. Salmond says that there can be no right without a corresponding duty and vice versa. John Salmond – Salmond defines right as an interest recognised and protected by a rule or justice. The difference between these rights is illustrated below –. According to Salmond, there are five important characteristics of a Legal Right : 1. He has classified duties into absolute and relative. It is something to do or abstain from doing in favour of another person. Jurisprudence: Meaning, Importance and Indian Perspective, Criticism of Austin’s Theory of Positivism, Notion of Otherness and the Politics of Difference, JOB OPPORTUNITY: Directors, Law – Competition Commission of India : Apply by June 13, National Video Making Competition “Light, Camera, Action” | UILS, Panjab University, 3rd Bennett National Moot Court Competition 2021, Case Summary: Bachan Singh v State of Punjab (1980). Perfect and Imperfect Rights – A perfect right is one which corresponds to a perfect duty and a perfect duty is one which is not only recognized by the law but is enforced also. For example, a right that is concerned with the Government may be termed as a public right such as the right to vote. Positive and Negative Rights 4. This theory has been widely accepted by the jurists in Germany. It is vested within a person by law or any other legal manner. Right to exact and receive damage for the injury caused to the defendant. They are rarely seen as abstract content of authoritative directions. Primary Rights are also called antecedent rights. It is a right of the person and the person bound shall restrain from doing some act. It can hold property, can transact in its own name, can make profits and suffer losses. Rights in re Propria and Rights in re Aliena are a classification of proprietary rights. Perfect right means the complete right, which signifies the right for which there is remedy also. The Characteristics of the Governmental Jurisprudence. The definition of legal rights have been propounded by several famous legal philosophers. A private right, on the other hand, is concerned with individuals, that is both the parties connected with it are private p. ersons. Some definitions are as follows –. Legal, Legal – A legal duty is an act, the opposite of which is a legal wrong. Relative duties are those for which there is a corresponding right and absolute duties are those that do not have any corresponding rights. Every right and duty has a bond of legal obligation. The state enforces such right as a representative of the subjects in public interest. Thus, a slave had an imperfect persona. The thing or an object over which the right is exercised is called ‘Object of Right’. A title is nothing but the name given to the legal right. The concept of Rights and Duties form an important part of Legal Jurisprudence. It may also be known as the substance of the right. He is the subject of the duty. Principal rights exist independently while accessory rights are dependent upon principal rights. Here, 81 to 100 MCQs of this English Jurisprudence MCQs series. We have taken all reasonable measures to ensure the quality, reliability, and accuracy of the information in this document. For example, owning a vehicle is a private right. A public right is possessed by every member of the public. Right in re Propria is the right in his own thing and if he has a right in the property belonging to another than he is said to have a right in re Aliena. 1. A positive right exists when the owner of it is entitled to something to be done by the person of incidence. Austin, Holland and Pollock define rights in terms of will. He mentions four kinds of absolute duties:-. The noun right has different meanings resulting in the ambiguity of its exact meaning. Salmond says that there can be no right without a corresponding duty and vice versa. This has given rise to several debates with regards to the nature of jurisprudence as a science vis-à-vis its nature as art. The law protects cruelty against animals, and to some interest the interest of animals, but animals do not possess any legal rights. Proprietary and Personal Rights 9. The subject matter is derived from human will. We will analyze under the light of various interpretations and definitions by prominent philosophers of legal jurisprudence to understand what a legal right is, and where legal rights have originated from? Legal positivism typically focuses solely on these abstract problems, and regards issues of moral or political content of law as not part of jurisprudence. In this way right for the purpose of jurisprudence is called legal right. It can sue anyone in its own name and can be sued by anyone similarly. We cannot have a right without a corresponding duty or a duty without corresponding right. 10 lakh from ‘Y’, then ‘X’ is called the subject of the right. Vested rights are transferable and inheritable, this is not possible in contingent rights. Indian Legal system > Legal Concepts > Jurisprudence > Legal Rights, Your email address will not be published. Right in, is the right in his own thing and if he has a right in the property belonging to another than he is said to have a right in, ‘or encumbrance”’ has been defined by Salmond as one, A duty is of two kinds – 1. Rights are inevitable essentials for human existence. Jhering does’ not emphasize on the element of will in a legal right. This is explained by the latin maxim, which means, where there is a right, there is a remedy. The owner of a  right need not be a determinant or fixed person. A secondary duty is also called sanctioning or a remedial duty. A legal or juridical or artificial person (Latin: persona ficta; also juristic person) has a legal name and has certain rights, protections, privileges, responsibilities, and liabilities in law, similar to those of a natural person. iv) Trust – A trust is an encumbrance in which the ownership of property is limited. It is recognised by a legal system and is enforced by a legal … LEGAL AND MORAL DUTIES:- A Legal duty is adversary of a legal wrong and it is recognized by the law for administration of justice. According to the famed French Jurist, John Locke “the basis of the right is the will of the individual.” Puchta defined the legal right a power over an object which by means of right can be subjected to the will of the person enjoying the right. Proprietary rights are transferable and personal rights are not. LEGAL RIGHTS • According to Salmond : “ A right is an interest recognized and protected by a rule of right. A positive right aims at some positive benefit but a negative right aims at not to be harmed. Thus, one of the characteristic feature of a legal right is its recognition. The Will Theory and 2. Principal and Accessory Rights 7. The underlying principle in regards to equitable rights is that when there are two inconsistent equitable rights claimed by different persons over the same thing, the first in time shall prevail. He mentions four kinds of. Duties that are to be performed by us at the behest of the law is known as a positive duty whilst an act that is prohibited from being performed under the law is a negative duty. Primary and Secondary Rights 2. The Directive Principles of the State Policy that is present in the Indian Constitution is an example of imperfect rights. The subject, in its entirety, differs from other social sciences. Title of the Right – Salmond has given the fifth element also, that is, “title”. A principal right is a primary right of a person vested in him by the law of the land, or through any other legal method. They should be utilized with some duties. Legal right is an interest recognized and protected by law. 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