The Hohfeldian Analysis Of Rights Philosophy Essay

The Hohfeldian Analysis Of Rights Philosophy EssayThe concept of analyzing legal practiceds in a broader sense was accustomed by Professor Wesley Newcomb Hohfeld. Professor Hohfeld was born in 1879. He graduated in 1901 from the University of California and moved to Harvard Law School. There, he served in the capacity of editor program of Harvard Law Review and graduated with honors in 1904. Professor Hohfeld then taught from 1905-1913 at Stanford Law School. Later in his carg one(a)r, he shifted to Yale Law School. He taught at the prestigious law school until his demise in 19181.Professor Hohfeld has contri anded signifi domiciliatetly to the field of Jurisprudence. He attempted to simplify the term decently by creating an analysis that separates heterogeneous core concepts in law. These core concepts were then shown to be inter-related and a framework of much(prenominal) transactionhips was construed. The analysis of the connectivity in relationships can shed light on impl ications of constitution and decision making. Thus, his work has permitted the deconstruction of legal principles into individual elements2.Professor Hohfeld has propounded that the diverse meanings of the term pay off argon often conflated in a single sentence. In every given sentence, the usage is switched several times. This lack of precision in the language subsequently indicates a lack of precision in thought and the conclusions that atomic number 18 derived in turn. His efforts to facilitate reasoning led him to break the meaning of chastises into eight unique concepts. These terms atomic number 18 defined with respect to one a nonher to slip by the presence of whatever ambiguity. Four pairs of opposites and correlatives are said to exist as illustrated below3.Jural Opposites comprise of the following1. Right/No-Right2. Privilege/Duty3. big businessman/ constipation4. Immunity/LiabilityJural Correlatives are mainly constituted by1. Right/Duty2. Privilege/No-Right3. P ower/Liability4. Immunity/DisabilityRIGHTS AND DUTIESWhat is a remunerate? A right can be defined as an interest recognized, protected and enforced by law. Justice Strong has held The ledger right is defined by lexicographers to donate, among otherwise things, dimension, interest, world power, prerogative, franchise, privilege (Walkers Dict. word Right). In law it is most frequently applied to topographic point in its re exactinged sense, but it is often holdd to designate power, prerogative, and privilege,4Justice Jackson5further states The words right or privilege chip in, of course, a variety of meanings, according to the connection or context in which they are used. Their definition, are given by standard lexicographers, include that which one has a legal claim to do, legal power, authority, immunity give by authority, the investiture with special or peculiar rights.A man has several rights over both tangible as puff up as impalpable objects. He in addition ownes rig hts as a psyche such as the right to enjoy a certain reputation, the right to not be assaulted or injured, rights in a domestic environment and rights that are related to other rights e.g. contractual rights. Certain other rights of a contractual constitution may also exist such as those rendered for service e.g. master and servant, doctor and patient. Rights over intangible objects would include copyrights, patents, trademarks etc. Thus, rights can be considered as advantages or benefits that are conferred by law6.Rights can be divided into 4 different kindsRights in the unyielding senseLibertiesPowersImmunitiesThe correlatives of each of these rights are illustrated belowDutiesNo-RightsLiabilitiesDisabilitiesEach and every right has a corresponding duty. Duty may be defined as an internal feeling of an obligation towards someone. A duty or a legal obligation is that which one ought or ought not to do. Duty and right are correlative terms. When a right is invaded, a duty is viol ated.7Rights and duties are standardized 2 sides of a coin and always go hand in hand. Thus, right and duty are correlative. This implies that if X enjoys a right against Y, then Y is duty bound(p) to respect this right. Rights in the strict sense can in that locationfore, be held to be benefits, which are derived from duties imposed upon others8. Several different kinds of rights exist. These are elucidated below.The early classification is that of perfect rights and perfect duties. Rights which go along with perfect duties are known as perfect rights and perfect duties are those which not only possess legal experience but are also, strictly enforceable. Thus, a breach would constitute some action or prosecution and the State may use reasonable force if necessary9.However, both rights and duties fall short of this perfect system10. Some examples of imperfect legal rights would include time barred claims, claims that cannot be enforced due to lack of proof, certain claims again st states etc. While in all these fictional characters, there is no cause of action yet legal recognition still exists. The principle of ubi jus ibi remedium which agent where there is a right, there is a remedy, serves an exception to imperfect rights11.The second category is that of positive and negative rights. The correlative of these rights are positive and negative duties and acts performed by those in whom the duty vests determine the nature of the right. A positive act relates to a positive right whereas any abstention from it would constitute a negative right12.A third distinction is make amidst rights in rem and rights in personam. Both these terms have been derived from civil law13. A right in rem is a right that exists against the entire world whereas a right in personam is against a special individual. The right to spend my money from my wallet is a right in rem but the right to recover it from a debtor is a right in personam. Similarly, the right to exclusive enjoy ment of my apartment is a right in rem whereas upon the lease of the same apartment, only a right in personam would exist against the leasee. Rights in rem are considered as negative rights whereas rights in personam are usually positive in nature14.Rights in personam are preponderantly derived from the existence of personal relations whereas rights in rem offer a relation between the owner and a plethora of individuals. Thus, rights in personam are held to be paucital rights and rights in rem are multital rights. A contractual right is a paucital right as it is specifically enforceable only between the parties entering into a contract. A property right, on the other hand, is a multital right as the person has a right to exclude any and every individual. In essence, it can be said that multital rights are constituted by several, separate yet identical paucital rights15.Proprietary and personal rights form the fourth category. The former is concerned with encourage man the latter i s not. Value, in the case of proprietary rights, is derived from assets, estate, property and so forth. Rights, therefore, which are proprietary in nature deal with monetary or frugal value. On the contrary, personal rights are associated with status, reputation and welfare16. Right of not being inflicted with harm and rights in respect of domestic relationships can be called as personal rights17.Rights are also divided into jura in re propria and jura in re aliena. A right in re aliena, also termed as an difficulty, is one which detracts from another in reference to a subject. Thus, the right is limited in its ambit with respect to the superior right. For instance, a flat coatlords right to use the property temporarily may be restricted by a tenant. The 4 main classes that constitute jura in re aliena are servitudes, trusts, securities and leases. All other rights fall in the domain of jura in re propria18.A property owner has a jus in re propria i.e. a right over the property o wned while a pledgee possesses a jus in re aliena i.e. a right over another persons property. A right is known as servient when it is subject to an encumbrance whereas the encumbrance derived is called dominant19. By subletting a property, the sublessee is conferred with a jus in re aliena by the tenant. Thus, the right of the tenant is servient with respect to the sublessee but dominant as against the landlord20.Servient and dominant rights are concomitant and may vary in their degree of coexistence. Leases, mortgages and easements are examples of the same. An opposite relationship is observed in the case of principal and accessory rights21.LIBERTY AND NO-RIGHTS indecency is defined as the exercise of a right without the interference of law. To say that A has casualness means that A can do all that pleases because there exists no duty to refrain and at the same time, no one else can prohibit X from exercising familiarity. There exists a relationship between all individuals that i s woven together and held in a matrix. By collectively adding all the rights and duties across relationships, the extent and degree of liberty can be determined. The important example of perfect liberty is one where no one has any exclusive right to prevent the occurrence of a given act22. sanctioned liberty encompasses a sphere within which the law leaves the individual alone. Liberty, however, does not mean interference with another e.g. liberty to voice opinion on unexclusive affairs does not grant a person the right to publish defamation. Similarly, one has the liberty to self-defense against violence but no right is conferred to operate on in revenge against someone who has caused the injury. A man has a perfect right to fire off a gun, means, apparently, that a man has a freedom or liberty to fire of a gun, so long as he does not violate or infringe anyones rights in doing so, which is very different thing from a right, the violation or disturbance of which can be remedied or prevented by legal process.23In Quinn v. Leatham24, Lord Lindley has stated The plaintiff had the unremarkable rights of the British subject. He was at liberty to earn his living in his own way, provided he did not violate some law prohibiting him from so doing, and provided he did not infringe the rights of other people. This liberty involved the liberty to deal with other persons who were forgeting to deal with him. This liberty is a right recognised by law its correlative is the general duty of every one not to prevent the free exercise of this liberty or right to deal with others is delusive unless they are at liberty to deal with him if they choose to do so. Any interference with their liberty to deal with him affects him.Liberty is therefore, the exercise of unrestrained activity permitted downstairs law. The primary difference between liberty and rights in strict sense is that things I may do for myself are classified as liberty whereas things which others ought to do in my respect are classified as rights in strict sense25.Legal liberty is considered as a legal right where any interference by other persons is not justified. During the expression of ones opinions, it can be stated that other persons are legally duty bound not to control them. However, there exist liberties which do not enjoy the company of rights of a protective nature. Thus, a landowner, who gives a license to trespass his property, can exercise an follow right to prevent the usage of his property as much as the liberty conferred by the license granted by him. The license basically serves the manipulation of making an unlawful act lawful. In Clifford v. ONeill26, the Court held A license is merely a permission to do an act which, without such permission, would amount to a trespassnor will the continuous enjoyment of the privilege conferred, for any period of time cause it to ripen into a tangible interest in the land affected.Similarly, a trustee has the liberty to ask for c ompensation from the estates beneficiaries for administration purposes. But the beneficiaries are beneath no duty or obligation to provide him with the same. barely another example is that a extraneouser has the liberty to enter any country of his choice but the government can exercise an equal right to prevent the individual from entering. Thus, rights when classified as liberties aid in elucidating the meaning of law27.No-right is the correlative of liberty and consequently, of no duty. It is actually a word that has been coined indicating the absence seizure of a right. The term no-right basically implies that a certain person does not have a right against another individual in a position respect. The evolution of this term is said to have taken place in a negative context. So, if X has the liberty to undertake a particular act, it means that Y has no-right to say that the act will not be done e.g. a trespasser has no-right to be removed with force suggesting that the occupier has complete liberty of ejection28.Another example that can be considered in the same light is that of an alien who has no duty not to enter a foreign country i.e. he has liberty to enter. By the same token, the authorities have a no-right against him i.e. they may not have any right in the strict sense though they may still possess a liberty to refrain him from entering. Cases in tort that are principally of Damnum Sine Injuria in nature i.e. incurrence of some damage without the violation of a legal right are entirely no-right situations29.POWERS AND LIABILITIESYet another classification of legal rights can be seen in the form of powers. Several examples of powers exist. A few to name are the power to make a will, the power to sell a property if the mortgagee does not receive cover the mortgage money from the mortgagor, the right of re-entry that is possessed by a landlord, the power to revoke a contract for fraud, the power to take legal action against someone, the power to puni sh and arraign, the power to appoint officials for fulfilling functions, the right to issue an execution in respect of a certain judgement and other such powers vested in the judiciary to meet the ends of justice30.Powers constitute interests that are legally recognized. If one possesses power, one possesses the ability to change by ones own will, the liabilities, duties, rights and any other relations of oneself or with respect to other individuals31.Powers owe some resemblance to liberties although they differ in the aspect that the act so performed need not be innocent. The power to create a will does not imply that no wrong is done in the process. It does not mean that a will is made innocently, it simply implies that a right to create an effective will subsists. In a similar light, if a landlord possesses the right to re-enter his property, it does not mean that no wrong is committed but if such an act is committed, it does imply that the lease is effectively terminated32.Power s and rights in the strict sense can also be differentiated. In the latter case, a corresponding duty always coexists whereas this is absent in the former case. An example of the same is that the right to create a will does not result in a corresponding obligation for someone else. Similarly, one can see that the power to sell the mortgagors property by a mortgagee does not create an obligation on the mortgagor to make back the mortgage money. It does, however, confer the right on the mortgagee to receive back the sum given as a debt to the mortgagor. A debt and an action to recover money fall under two different categories. While the first case can be classified as a right in the strict sense which would correspond to a duty to repay, the latter is an example of a power given by law that imposes a liability and consequently, results in the institution of legal proceedings33.Powers can be classified based on the domains in which they are exercised. Hence, powers can be categorized as either private or public. Private powers are exercised by individuals with respect to themselves. Public powers, on the other hand, lie with state agencies or instruments that carry out public functions. Examples include powers exercised by the judiciary, legislature and executive34.Power helps to determine legal relations and thus, gives rise to either authority or capacity. The term authority is defined as the exertion of power over others whereas capacity is defined as the power exerted over oneself35.Liability of an individual arises when power is vested in another. It can broadly be defined as the alteration of a persons legal rights by the person who exercises power. A few examples that illustrate this concept are the determination of a lease by reentry of the landlord that places a liability on the tenant, liability of a disloyal partner to seek divorce, one against whom a judgement has been passed is liable to have a decree of execution issued and the liability of a mort gagor that arises from the sale of the property by a mortgagee in the event of non-payment of the loan advanced36.Liability is unconcerned with the fruitful or unfruitful result in any given case. It is inherent in nature and bears no relation with any duty to pay compensation. For instance, a person committing a tort is duty bound to pay compensation and is liable for an action to be brought against him/her as well. However, someone who is not a tortfeasor is not under any duty to pay compensation but is equally liable for an action to be instituted, that in all probability will fail, as no grounds exist. Similarly, a edict in Virginia provided that all free white male persons who are twenty-one years of age and not over sixty, shall be liable to serve as jurors except as hereinafter provided.37This enactment resulted in the imposition of a liability and not a duty.Liability is said to be harmonious in nature with no-right. If a tenants goods are seized for non-payment of rent, he has no-right not to allow his supplies to be handled by the landlord and at the same time, the liability to secure and sell the merchandise against his merriment also remains in effect38.Liability can also be seen as an advantage or benefit. A person who professes to transfer his property as a gift through the exercise of power, the person entitled to the gift has a liability to receive it. While referring to a gift type mortis and the liability of the donee to have his gift revoked, Justice Smith has saidThe title to the gift causa mortis passed by the delivery, defeasible only in the liveliness of the donor, and his death perfects the title in the donee by terminating the donors right of power of defeasance. The property passes from the donor to the donee directlyand after his death it is liable to be divested only in favor of the donors creditors.His right and power ceased with his death.39IMMUNITIES AND DISABILITIESAnother category of rights is immunity from legal power. Imm unity grants an exception to change any legal relations. The right of an individual to be tried by members of society of equal standing creates an exclusion from being tried by a jury. The relationship between immunity and power is identical to that of liberty and right in the strict sense. Immunity implies a complete lack of liability40.Cases of immunity from taxation are well documented in the U.S. In Phoenix Ins. v. Tennessee41, Justice Peekham stated the followingIn granting to the De Soto Company all the right, privileges, and immunities of the Bluff City Company, all words are used which could be regarded as necessary to carry the exemption from taxation possessed by the Bluff City Company while in the close following grant, that of the character of the plaintiff in error, the word immunity is omitted. Is there any meaning to be attached to that omission, and if so, what? We think some meaning is to be attached to it. The word immunity express more clearly and definitely an i ntention to include therein an exemption from taxation than does either of the other words. claim from taxation is more accurately described as an immunity than as a privilege, although it is not be denied that the latter word may sometimes and under some circumstances include such exemptions.Disability, the correlative of immunity, is better known as inability and signifies the absence of power. The legal maxim Nemo dat quod non habet which means that no person can transfer a better title in property than what is possessed by oneself, is an expression of disability42.SUMMARYIn conclusion, 4 independent, unique and distinct classes of rights are guaranteed by law. These are rights in the strict sense, where law restricts others in my respect liberty, which permits a reasonable degree of freedom to keep an eye on uninterrupted and unrestrained activity power, that gives a right to execute an action effectively and immunity, which creates an exemption from being subjected to a power . A right in the strict sense imposes a duty on others, a liberty allows an action to be performed innocently, a power confers the right to accomplish effectively and an immunity denies others the right to exercise power effectively in my respect43.Correlatives are related vertically and shew as is the presence of in another. Thus, duty is the presence of right in another and power is the presence of liability in another.Diagonal relationships indicate jural contradictories and are read as is the absence of in oneself. Thus, liberty is the absence of duty in oneself and immunity is the absence of liability in oneself.The contradictions of jural correlatives are connected by horizontal arrows and can be read either way as is the absence of in another. Thus, no-right is the absence of duty in another and disability is the absence of liability in another44.