Hohfeld'S Theory of Rights and Duties
Hohfeld'S Theory of Rights and Duties
Hohfeld'S Theory of Rights and Duties
Duty No-Right
Power Immunity
Immunity Disability
Jural Relations Explained
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 Privilege-Duty 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 A’s 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 Terry’s 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.
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