The classification of legal rights
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The document classifies and defines various types of legal rights, including: - Perfect and imperfect rights, which relate to whether enjoyment of a right is complete or requires further action. - Positive and negative rights, where positive rights correspond to duties to perform an action for right holders, while negative rights correspond to duties not to interfere. - Real and personal rights, proprietary and personal rights, which distinguish rights that apply generally versus to specific individuals. - Inheritable and uninheritable rights, primary and secondary rights, and other pairs of classifications for legal rights.
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1. Rule of law refers to a system where law governs a nation rather than individual government officials, and people are ruled by law instead of individual men.
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3. While not explicitly mentioned in the Indian Constitution, Indian courts have recognized rule of law as a basic governing principle and have expanded its scope through judicial decisions establishing principles like separation of powers and judicial review.
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Hart's concept of law distinguishes between primary and secondary rules. Primary rules impose obligations on behavior, while secondary rules establish ways to change, enforce, and adjudicate primary rules. For Hart, a legal system requires both types of rules. He criticizes Austin's view that laws are commands, arguing laws confer powers and privileges in addition to imposing duties. Hart also distinguishes rules from habits, and obligations from coercion. While providing insights, Hart's view has been criticized for underestimating the role of courts and overstating compliance due to internal obligations alone.
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This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
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多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
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The classification of legal rights
- 1. The Classificationof Legal Rights • Perfect and ImperfectRights • Positive and Negative Rights • Real and PersonalRights • Rights in Rem and Rights in Personam • Proprietary and Personals Rights • Inheritableand Uninheritable Rights • Rights in Re Propria and Rights in Re Aliena • Principal and Accessory Rights • Legal and Equitable Rights • Primary and Secondary Rights • Public and PrivateRights • Vested and Contingent Rights • Servient and Dominant Rights • Municipal and InternationalRights • Ordinary and FundamentalRights • Fus ad rem
- 2. Perfect and Imperfect Rights • According to Salmond, a positve right corresponds to a positive duty and entitles its owner to have something done for him without the performance of which his enjoyment of the right is imperfect and incomplete. • Negative rights have negative duties corresponding to them and enjoyment is complete unless interference takes place. The majority of negative rights are against all the world. Positive and Negative Rights • According to Salmond, a positve right corresponds to a positive duty and entitles its owner to have something done for him without the performance of which his enjoymentof the rightis imperfect and incomplete. • Negative rights havenegative duties corresponding to them and enjoyment is complete unless interference takes place. The majority of negative rights are against all the world.
- 3. Real and Personal Rights • According to Salmond, a real right corresponds to a duty imposed upon persons in general. A real rightis available againstthe whole world. A personalright corresponds to a duty imposed upon determinate individuals. A personalright is available only againsta particular person. Rights in Rem and Rights in Personam • Jus in rem means a right against or in respectof a thing. A right in rem is available against persons generally. • Fus in personammeans a rightagainst or in respectof a person. A right in rem is available against the whole world but a right in personamis available against a particular individual only. Proprietary and Personals Rights • The proprietary rights of a person include his estate, his assets and his property in many forms. Proprietary rights havesomeeconomic or monetary value. Examples of proprietary rights arethe right to debt, the right to goodwill, the right to patent, etc.
- 4. • Personalrights are not valuable. Personalrights are merely elements in his well-being. They possess merely judicialimportance. Inheritableand UninheritableRights • A right is inheritable if it survives its owners. Proprietary rights are inheritable. The heirs of a proprietary owner become owners after his death. • A right is uninheritable if it dies with him. Personalrights are uninheritable. In the case of personalrights, they die with the owner and cannotbe inherited. Rights in Re Propria and Rights in Re Aliena • According to Salmond, a right in re aliena or encumbranceis one which limits or derogates from somemore general right belonging to some other person in respect of the same subjectmatter. The pledgee has jus in re
- 5. propria or a right over his own property. Rights in re aliena are rights over the property of another persons.Allother rights are rights in re propria. • The owner of a chattel has jus in re propria or a rightover his on property. Rights in re propria are rights in one’s own property. My right of ownership of my land is a right in re propria. Principal and Accessory Rights • Principal rights exist independently of other rights. • Accessory rights areappurtenantto other rights and they have a beneficial effect on the principal rights. Legal and EquitableRights • Legal rights wererecognized by common law courts and equitable rights were recognized by the Courtof Chancery. The Judicature Act of 1873 put an end to the distinction between legal and equitable rights.
- 6. Primary and Secondary Rights • Primary rights are also called antecedent, sanctioned or enjoymentrights. • Secondary rights are called sanctioning , restitutory or remedial rights. • Primary rights are thoserights which are independent of a wrong having been committed. They exist for their own sake. They are antecedent to the wrongfulact or omission. • Secondly rights are a partof the machinery provided by the state for the redress of injury done to primary rights. Public and Private Rights • A public right is possessed by every member of the public. • A private right is concerned only with individuals. Vested andContingent Rights • A vested right is a right in respectof which all events necessary to vest it completely in the owner havehappened. No other condition remains to be satisfied. • In the case of a contingent right, only some of the events necessary to vest the rightin the contingent owner havehappened.
- 7. Servient and DominantRights • A servientright is one which is subject to an encumbrance. The encumbrancewhich derogates fromit may be contrasted as dominant. • The land for the beneficial enjoyment of which the right exists is called the dominant heritage and the owner or occupier thereof is called the dominant owner. MunicipalandInternationalRights • Municipal rights are conferred by the law of a country. All municipal rights are enjoyed by the individuals living in a country. • International rights are conferred by international law. The subjects of international right are the persons recognized as such by international law.
- 8. Ordinary and FundamentalRights : Fus ad rem • A jus as rem is a right to a right. The person of inherence has the right to have some other right transferred to him. The jus ad rem is always a right in personam. If I sell my house to K, K acquires a right against me to have the house transferred to himself. The right of K is said to be a jus ad rem. Whether the right to be transferred is a right in rem or only a right in personam, the jus ad rem is always a right in personam.