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Hohfelds Theory

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33 views11 pages

Hohfelds Theory

Uploaded by

Harnoor Singh
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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University Institute of Legal Studies

JURISPRUDENCE- CONCEPT OF LAW


21LCT114

HOHFELD’S THEORY DISCOVER . LEARN . EMPOWER


INTRODUCTION
The goal of Wesley Newcomb Hohfeld’s endeavor was to explain the legal
connections between the parties involved. He lays up an analytical framework that
divides rights into four different types of legal interactions. This approach of
breaking down the concept of a right into its essential parts has several
advantages.
His idea of jural relations is one of his significant contributions to the subject of
analytical jurisprudence.
Theory of Jural Relations
One of the most difficult hurdles to solving legal problems, according to
Hohfeld, is the idea that all legal notions can be reduced to “rights” and
“duties.” Furthermore, the aforementioned two legal principles are seen to
be sufficient in assisting in the resolution of the issues. Although it may
appear to be a simple matter of terminology at first glance, Hohfeld claims
that in a “closely reasoned (legal) situation,” such an issue might lead to a
lack of clarity in ideas and communication. He defines rights, privileges,
authority, immunity, no-rights, responsibility, disability, and liability as eight
essential legal ideas.
He then divides them into two categories: “jural opposites” and “jural
correlatives.” Every pair of correlatives must be present at the same
time, and no pair of opposites can coexist. As a result, if a person has a
right, he also has a responsibility. A person who has a privilege, on the
other hand, cannot have a responsibility. The eight Jural Relations are the
foundations of the more complicated legal relationships that law must
address. Let’s take a closer look at each of the relationships one by one.
Rights and Duties
Since previously said, the phrase “rights” is one of the most
misinterpreted, as anything is attempted to be classified as a right. The
terms “rights” and “privilege,” “power,” and “immunity” are often used
interchangeably. Hohfeld, on the other hand, believes that a careful
examination of the statutes reveals a clear distinction between the
various legal concepts. According to Hohfeld, the term “rights” should be
limited to only that which exists in relation to duty. Rights and
responsibilities are intertwined ideas, and when one is violated, the other
is always violated as well.
Powers and Liabilities
Legal power is the jurisprudential polar opposite of legal
incapacity and the jurisprudential inverse of legal culpability.
The capacity bestowed on an individual by the law to modify
or establish new legal relations is referred to as power. One
can write a will or alienate one’s property;–all of these are
commonly referred to as rights, but a close legal examination
demonstrates that these are powers, not rights.
Immunities and Disabilities
Immunity is the legal equivalent of incapacity and the legal polar opposite of
responsibility. Simply put, immunity is the absence of accountability. The difference
between power and immunity, according to Hohfeld, is the same as the difference
between right and privilege. According to him, a right is an “affirmative claim”
made against someone, whereas privilege is freedom from such an affirmative
claim. Similarly, power is the ability to exert “affirmative control” over a legal
relationship, whereas immunity is the ability to be free of such control.
Privilege and No-rights
Privilege, according to Hohfeld, is the legal polar opposite of obligation.
According to him, privilege is the absence of responsibility. The
negation of obligation occurs only when the substance of both the duty
and the privilege are diametrically opposed. The privilege of entering,
for example, might nullify a responsibility not to enter. Right is the
correlate of duty. Similarly, there is a correlative to privilege. However,
because there is no specific name to describe the situation, Hohfeld
has opted to call it a “no-right.”
Conclusion
Hohfeld’s study has certain beneficial aspects that should not be
disregarded. His method has improved our understanding of the ideas
of “rights” and “duties,” notably through his detailed comparisons. He
has called attention to the legal implications that may arise from the
existence or lack of specified rights, responsibilities, and other
obligations. The impact of the study may be seen in the American
Restatement of the Law of Property, which uses Hohfeld’s words to
define concepts like “right,” “privilege,” “power,” and “immunity.”
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NO Right
THANK YOU

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