Historically, the answer to the question, “what is Law” is thought to have two competing answers. John Austin – According to Austin, “A party has a right when another or others are bound or obliged by law to do or forbear towards or in regard of him”. Some of the criticisms were from Duguit who is opposed to the “will” theory. In the words of Austin, rights and duties are interdependent. In the words of Austin, rights and duties are interdependent. This definition was not widely accepted. The Interest Theory. Public and Private Rights 3. 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. Purchase, gift, etc confer a title on a person. According to Kant“ right is an authority to compel”. States jurisprudence commonly means the philosophy of law. A legal right should not only be protected by the state but should also be legally recognized by it. The governmental jurisprudence is also wrongly named the state jurisprudence. Similarly, rights and duties are correlated. Proprietary Rights are rights that are related to a person’s property whilst personal rights relate to one’s body. They are rational and moral claims that people make in their society. A violation or breach of the primary rights, on the other hand, gives rise to a sanctioning right or remedial right. It is an act recognized as a duty by law and treated as such for the administration of justice. Protection Theory of Rights —It is to be noted that the source of all legal right is Law. This is explained by the latin maxim, which means, where there is a right, there is a remedy. Learned authors of Jurisprudence have defined the term in different ways. The subject means the person in whom the right is vested or the holder of the right. In ancient Roman Society, there was no problem of personality as the ‘family’ was the basic unit of the society and not the individual. 6. When in case of the breach the right is not enforceable in a court of law then it is known as imperfect right. Title of the Right – Salmond has given the fifth element also, that is, “title”. The owner of the encumbered property is called the trustee and the owner of the encumbrance is the beneficiary of tire trust. A positive right corresponds to a positive duty whereas a negative right corresponds to a negative duty. For example, a right that is concerned with the Government may be termed as a public right such as the right to vote. The jurists often consider law as a body of authoritative guides that help decision making. This entry in the legal theory Lexicon aims to give an overview of the “what is law” debate. A private right, on the other hand, is concerned with individuals, that is both the parties connected with it are private persons. A title is nothing but the name given to the legal right. I. We cannot have a right without a corresponding duty or a duty without corresponding right. 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). According to Salmond “A right is an interest recognized and protected by a rule of law.”. Thus, it would be sensible to say that both “will” and “interest” are essential ingredients of a legal right. The modem terms right “in rem” and right “in personam” have been generalized, somewhat inaccurately, from Roman sources. but in a generic sense, the word ‘right’ is used to mean an immunity from the legal power of another, immunity is exemption from the power of another in the same way as liberty is exemption from the right of another, Immunity, in short, is no subjection.”, Primary Rights are also called antecedent rights. 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. 2. Further, upon discovery of any error or omissions, we may delete, add to, or amend information on this website without notice. According to Salmond, ownership denotes a relation between a person and an object forming the subject-matter of his ownership. According to this, every duty must be a duty towards a person or some person, in whom a correlative right is vested and conversely every right must be a right against some persons upon whom, a correlative duty is imposed. 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. Indian Legal system > Legal Concepts > Jurisprudence > Legal Rights, Your email address will not be published. A legal right is an interest accepted and protected by law. Primary and Secondary Rights 2. For instance, a right to receive a compensation is a positive right. Public rights are those vested with the state. 10 lakh from ‘Y’, then ‘Y’ is called the subject of the duty. Perfect & Imperfect Rights. The subject, in its entirety, differs from other social sciences. The title is a process, by which the right is vested/conferred. These are also known as secondary rights. In … It is also called the remedial or adjectival rights. It is an act. ii) Servitude – A servitude is a right to the limited use of a piece of land unaccompanied. So, let’s have a look at the English Jurisprudence MCQs (81-100). He asserts that the basis of legal right is “interest” and “not will”. Jurisprudence and philosophy of law in the modern era, and has been the central occupation of contemporary analytic Jurisprudence. Also, any debasement of any legal right is punishable by law. These always bear limitations deemed essential for maintaining public health, security, order, and morality. He illustrated with an example by stating that when a prisoner is sentenced to death,the jailer is bound to execute him. Is inconceivable: Vijay Sardana Advocate, Delhi High court does ’ emphasize! X is the land an essential element title on a person to or! Process, by which the ownership of property vested in another person the act or.! 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