THEORIES OF RIGHTS

ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF THE COURSE

TITLED JURISPRUDENCE-II FOR OBTAINING THE DEGREE OF B.B.ALLB
(hons.)

Chanakya National Law University,Patna

Submitted By: Submitted To:

Shishir Niket Dr. Manoranjan Kr .Jha
18161433 Faculty of JURISPRUDENCE II
6th Semester
B.B.A L.L.B
AIMS AND OBJECTIVES
 To understand the meaning and concept of rights .
 To study the law propounded by rights to a person
 To find its relevance in present scenario.

RESEARCH METHODOLOGY

The methodology adopted in this research work is based on SECONDARY sources of

information like books, journals, etc. The present research work contains a critical analysis and
a detailed study of the topic –Theories of Right .
This research work contains elaborated theoretical research, an overall study of the topic and
in depth and in depth web browsing

INTRODUCTION

Rights and justice are interchangeably used in many respects, which are entitled by the person who can
carry it. Justice administration is established for the protection of rights and continuity of duty.
Jurisprudence deals with the issues of rights or duty. All legally permitted actions are rights whereas
duty refers to no wrong. Respect to the right holder is the duty. There are human rights, fundamental
rights, legal rights, and moral rights etc. Elements of Legal rights are subject of right, subject of duty,
content of right, acts, and title. There are three theories of rights and duties as will theory, interest theory
and state protection theory. Will theory accepts every person as sovereign in micro level, interest theory
regards rights as legally protected interest and obligation and state protection theory assumes that all the
rights are the concession granted by the state through law. Hence, legal rights can define as right in rem
and right in personam, personal right and proprietary right, positive right and negative right, principal
right and accessories right, perfect right and imperfect right, right in repropria and right in realiena,
vested right and contingent right, legal right and equitable right, corporeal right and incorporeal right,
antecedent right and remedial right, primary right and secondary right, fundamental right and legal right
etc. Duty exists where right exists so the classification of legal duty is similar as legal rights. Stoics
followed the concept of religion as humans have only duty but not of rights. Duguit also argues for
same. For the Scandinavian Realist, rights, duties, obligation and justice are metaphysics; so they are
meaningless. However, there are both right based approach and duty based approach accepted in
contemporary society. Rights and duties are crucial part of legislation and case law. Ultimate purpose of
law is either determining rights or duties. According to Hohfeld, rights and duties are classified into
jural correlative, jural contradictory and jural opposite. There are vivid forms of rights i.e. claim/rights,
liberty/privileges, power and immunity whereas forms of duty varies as duty, no right, liability and
disability etc. However, all the jurisprudence addresses the method of determining rights and duties of
the people. For Dworkin, a right performs as a trump and for John Rawls it refers to liberty and
distributive justice. Nevertheless, rights and duties are essential building blocks of legislation and case
law to resolve dispute among various parties and essence of the law..

TENTATIVE CHAPTERISATION

 Introduction :
 Trilogy of Right, Wrong and Duty
 Legal Rights in Wider Sense : Hohfeldian Jural Analysis
 Theories of the Function of Rights
 What Kinds of Entities Can be Legal Right-holders?
 CONCLUSION

BIBLIOGRAPHY

 Books
Roscoe Pound, 1959, Jurisprudence - Page 165
Mahajan V.D, Jurisprudence & legal theory, eastern book company, fifth edition, 2006.

 Websites
1) http://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?article=2997&context
=clevstlrev
2) http://www.austlii.edu.au/au/journals/MurUEJL/2005/9.html
3) http://plato.stanford.edu/entries/rights/#2