Law Info Nepal

6 Hohfeld's Analysis of Rights (The Modern Refinement)

यो उत्तर युनिट १ मा छ — पूरै निःशुल्क।

Wesley Newcomb Hohfeld (American jurist, writing in the 1910s) observed that courts and jurists used "right" sloppily to mean four different things. He disentangled them and arranged each against its correlative (what it means for the other party) and its opposite (what negates it in the same party):

Jural conceptCorrelative (in other)Opposite (in sameparty)
Right/Claim (I can demand)Duty (you must)No-right
Liberty/Privilege (I may)No-right (you cannot demand I not)Duty
Power (I can change legal relations)Liability (you are subject to my change)Disability
Immunity (you cannot change my relations)Disability (you lack power)Liability

Examples:

• My right that you not trespass correlates with your duty not to trespass.

• My liberty to walk on a public road correlates with your no-right to stop me.

• My power to sell my land (creating a new owner) subjects you to a liability — your rights vis-à- vis the land change without your consent.

• My immunity under the Constitution means the State has a disability — it cannot (without lawful process) extinguish my fundamental rights.

Hohfeld matters because it makes legal reasoning precise. In constitutional litigation, for instance, the difference between a liberty ("the press may publish") and a claim-right ("the citizen can demand access to information") determines what remedy a court can give.

यही युनिटका अरू उत्तर

नोट AI-सहयोगमा बनेका हुन्; मुद्दाको नाम, मिति र धारा पाठ्यपुस्तक र नेपाल कानून पत्रिकासँग आफै जाँच्नुहोस्।

← अरू प्रश्न खोज्नुहोस्