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QUAID-E-AZAM LAW COLLEGE, LAHORE

SESSION 2022-23

LLB-I

PHILOSOPHY OF LAW

Legal rights

Ms. Amna B. Malik

1. Introduction
Legal rights are interests which are recognized and protected by law.
They correspond with duties and violation of legal rights becomes wrongs.
The concept of legal rights has been propounded with the help of duties and
wrongs by great many jurists.
2. Interpretation of the term
a) Literal Meaning:
Literally a right means “That which is correct”
Oxford Dictionary
b) Legal Meaning:
The legal meaning of right is “The power, privilege or immunity
secured to a person by law.”
Black’s Law Dictionary
10th Edition

3. Juristic Exposition
Rights have variously been defined by as follows:
a) Salmond (1862-1924)
“Legal right is an interest which is recognized as well as protected by
rule of right, respect for which is a duty and disregard of which would be a
wrong.”
b) Holland (1835-1926)
“A capacity residing in one man of controlling with the assent and the
assistance of the state, the actions of others.”
c) [Link]
“Rights are powers which it is for the general well-being that the
individual should possess.”
d) Kant (1724-1804)
“Authority to compel.”
e) Pollock
“Right is freedom allowed and power conferred by law.”
4. Theories of Legal Rights
Legal Rights
I
Theories
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Totalitarianism Will Interest Social Solidarity

5. Essentials of a Legal Right

According to Salmond (1862-1924), there are the following five essentials of a
legal right.
 Subject of Right
 Subject of a Legal Duty
 Content of a legal Right
 Object of a Legal Right
 Title of a Legal Right
6. Explanation of the Essentials of a Legal Right
Following is the explanation to essentials of a legal right.
7. Subject of Right
Subject of a legal right is a person who is the owner of that right as every right
has an owner. Also described as person of inherence. Owner of a right need
not be a determinate person.
8. Subject of a Legal Duty
It is the person who has to perform a duty in respect of a legal right. Also
known as person of incidence.
9. Content of a legal Right
Substance or content of a legal right is the thing which is exercised through
that legal right. It may be an act or forbearance on part of subject of legal duty.
10. Object of a Legal Right
The thing over which a legal right is exercised. Also called subject matter of
the right.
11. Title of a Legal Right
It is a fact that proves the validity of a demand of use of a legal right. It must
show how the right is vested in the owner of the right.

12. Parties to a Legal Right

According to Austin,

Parties to a right

State/ Sovereign Person on whom Person on whom

right is conferred duty is incurred

13. Kinds of Legal Right

Following are the kinds of legal rights:

i. Perfect and Imperfect Rights
ii. Positive and Negative Rights
iii. Real and Personal Rights
iv. Right in Rem and Right in Personam
v. Proprietary and Personal Rights
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vi. Inheritable and Uninheritable Rights

vii. Rights in re propria and right in re aliena
viii. Principal and Accessory Rights
ix. Legal and Equitable Right
x. Public and Private Rights
xi. Primary and Secondary Rights
xii. Servient and Dominant Rights
xiii. Ordinary and Fundamental Rights
xiv. Vested and Contingent Rights
xv. Municipal and International Law
xvi. Rights at Rest and Rights in Motion
xvii. Jus ad Rem
14. Explanation of the Kinds of Legal Rights
15. Perfect and Imperfect Rights
These two rights are comparable and contrasted.
Perfect right:
“A right that is recognized by law and fully enforceable”
(Black’s Law Dictionary)
Imperfect right:
“A right that is recognized by the law but is not enforceable”
(Black’s Law Dictionary)
Examples of Imperfect rights:
 Time Barred Debt
 Claims outside a Courts’ jurisdiction
 Claims against a foreign sovereign
Difference between perfect and imperfect Rights:
 Unlike perfect right, an imperfect right is not enforceable.
 Unlike perfect right, imperfect right doesn’t correspond with a duty.
 Imperfect right sometimes can turn into a perfect right.
16. Positive and Negative Rights
They can be studied through comparison.
Positive right:
“A right entitling a person to have another to do some act for the benefit of the
person entitled” (Black’s Law Dictionary)
Negative right:
“A right entitling a person to have another refrain from doing an act that might
harm the person entitled.” (Black’s Law Dictionary)
Difference between Negative and Positive Rights:
 Unlike positive rights, negative rights correspond to a duty of negative
nature.
 Unlike positive rights, negative rights are prohibitory in nature.
 Unlike negative rights, positive rights correspond to a duty of positive
nature.
 Unlike negative rights, positive rights are mandatory in nature.
17. Real and Personal Rights
They pertain to the status of a person.
Real Rights---- Meaning:
“A right that is connected with a thing rather than a person.”
(Black’s Law Dictionary)
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Salmond (1862-1924) Remarked:

“A real right corresponds to a duty imposed upon persons in general. All real
rights are negative. A real right is nothing more than a right to be left alone by
others”
Examples:
 Right of possession and use of one’s money
 Right to liberty
 Right to reputation
 Right to use and occupy one’s own house
Personal Rights--------- Meaning
“A Right that forms part of a person’s legal status or personal condition, as
opposed to the person’s estate”
(Black’s Law Dictionary)
Salmond (1862-1924) Remarked:
“A personal right corresponds to a duty imposed upon determinate (person)
individuals. Most personal rights are positive with few exceptions.”
Example:
 Right to receive money from one who owes.
 Right to accommodation in some hotel.
 Right to receive compensation in case of a harm inflicted by some one.
Difference between Real and personal Rights:
 Unlike real rights, personal rights are generally positive rights
 Unlike real rights, personal rights are available only against a
particular person.
 Unlike real rights, a personal right prevails against a determinate
person or persons.
 Unlike personal rights, real rights are right in rem
 Unlike personal rights’ real rights are negative rights.
 Unlike personal right, real rights are available against the whole world
18. Right in Rem and Right in Personam
They are distinguished according to their subject of duty.
Right in rem----Meaning:
“A right exercisable against the world at large”
(Black’s Law Dictionary)
Examples:-
 Right of ownership
 Right of possession
 Right of reputation
Right in Personam-----Meaning:
“ An interest protected solely against specific individuals”
(Black’s Law Dictionary)
Examples:-
 Right to receive payment of debt
 Right to enforce a contract
 Right to claim compensation for damages
Difference between Right in rem and Right in personam
 Unlike right in rem, right in personam is available against a
determinate person or body of persons.
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 Unlike right in personam, right in rem is available against the whole

world.
 Unlike in rem, right in personam are usually positive with few
exceptions
 Unlike right in rem, right in personam usually arise out of contracts
 Unlike right in rem, right in personam also arise out of status.
19. Proprietary and Personal Rights
These are distinguished on basis of their evaluation
Meaning of Proprietary rights:-
“A right that is part of a person’s estate, assets or property, as opposed to a
right arising from the person’s legal status”
(Black’s Law Dictionary)
Example:
 Right to one’s estate
 Right to Good will
 Right to one’s assets
 Right to patent etc.
 Right to one’s property.
Meaning of Personal rights:-
“A right that forms part of a person’s legal status or personal condition”
(Black’s Law Dictionary)
Examples:-
 Right to family life.
Difference between Proprietary and personal rights:-
 Unlike personal rights, proprietary have some economic or monetary
value
 Unlike proprietary right, personal rights do not have economics or
monetary value.
 Unlike personal rights, proprietary rights are not concerned with legal
status of person.
 Unlike personal rights, proprietary rights are concerned / form part of a
person’s estate, assets.
20. Inheritable and Uninheritable Rights
They are distinguishable on basis of being transferable or not.
Inheritable Rights-------- Meaning:
“A right is inheritable if it survives its owner.”
(Black’s Law Dictionary)
Example:
An example of inheritable rights is proprietary rights. Even if the
owner dies, they are transferred to the owner.
Uninheritable Rights------- Meaning:
“A right that cannot be transferable or surrendered”
(Black’s Law Dictionary)
Explanation:
Also known as inherent rights. They are rights which can’t be exercised by
anyone except the original owner e.g. personal rights.
Difference between Inheritable and Uninheritable Rights:
 Unlike inheritable rights, Uninheritable rights can’t be transferred.
 Unlike inheritable rights, Uninheritable rights are personal rights.
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 Unlike Uninheritable rights, inheritable rights are transferable.

 Unlike Uninheritable rights, inheritable rights are proprietary rights.

21. Principal and Accessory Rights

They are distinguished by their natures.
Principal Rights-------- Meaning:
“A right to which has been added a supplementary right in the same owner”.
(Black’s Law Dictionary)
Example:
 Right to own
Accessory Rights-------- Meaning:
“A supplementary right that has been added to the main right that is vested in
some owner.” (Black’s Law Dictionary)
Example:
 A right in a security is accessory to the right that is secured
 Servitude is accessory to the ownership of land for whose benefit the
servitude exists.
Difference between Principal and Accessory Rights:
 Unlike accessory rights, principal right is the main right.
 Unlike principal right, accessory right is a supplementary right.
22. Primary and Secondary Rights
They are distinguishable according to their prescription.
Primary Rights:
“A right prescribed by the substantive law such as right not to be defamed or
assaulted” (Black’s Law Dictionary)
Secondary Rights:
“A right prescribed by procedural law to enforce a substantive right.”
(Black’s Law Dictionary)
Example:
 Right to damages for a breach of contract
Difference between Primary and Secondary Right:
 Primary Right is the original right.
 Primary Right prescribed by substantive law.
 Unlike primary right, secondary right is an additional right.
 Secondary right is used to enforce a primary right.
 Unlike primary right, secondary right is prescribed by procedural law.
23. Public and Private Rights
They differ in nature.
Public Right:
“A right belonging to all citizens and usually vested in and exercised by a
public officer or political entity”
(Black’s Law Dictionary)
Private Right:
“A personal right, as opposed to a right of the public or the state.”
Difference between Private and Public Right:
 Unlike private right, a public right is possessed by every member of
the public.
 Unlike public right, private right is possessed by individuals.
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 Unlike private right, public right has one party which is state and the
other private person.
 Private rights are of an infinite variety, and by individuals who happen
to own certain property.
24. Vested and Contingent Rights
It means what right is complete and what is not.
Contingent Right:
“A right that depends on an uncertain event; a right that may or may not exist”
(Black’s Law Dictionary)
Vested Right:
“A right that so completely and definitely belongs to a person that it can’t
impaired or taken away without the person’s consent”
(Black’s Law Dictionary)
Difference between Vested and Contingent Right:
 Unlike contingent right, vested rights are complete.
 Unlike contingent right, vested rights are not dependent on an
uncertain event.
 Unlike contingent rights, vested rights can’t be taken away.
 Unlike vested rights, contingent rights may or may not exist.
25. Servient and Dominant Rights
Servient Right:
“A Servient right is one which is subject to an encumbrance.”
Dominant Right:
“The encumbrance which derogate from Servient right may be contrasted as
dominant right.”
Difference between Servient and Dominant:
 Unlike dominant right, there is an encumbrance upon Servient right.
 Unlike Servient right, dominant right is an encumbrance upon Servient
right.
26. Municipal and International Rights
They are different in their sources.
Municipal Right:
 Municipal rights are conferred by the law of a country.
 All municipal rights are enjoyed by an individual in a country.
International Rights:
 International Rights are conferred by International Law.
 The subjects of international Law are the persons recognized as such
by International Law
27. Conclusion
Thus, right is and interest recognized and protected by rule of right. It
has a corresponding duty the breach of which is a wrong.