LEGAL RIGHTS

1. WHAT ARE LEGAL RIGHTS?

The concept of legal rights is of fundamental significance in modern legal theory. In the
strict sense of the word, rights, are interests protected by law. These rights are co-
relative of duties which the law imposes upon other persons.

Austin, Holland and Pollock define rights in terms of will. Whereas, Salmond, Buckland
and Ihering defines rights in terms of interest.

2. WHAT MAKES “INTEREST” A “LEGAL RIGHT”

In order that an interest may become a legal right, it must obtain legal protection and
legal recognition. Rights are interests, the respect for which is a duty and the
disregard of which is a wrong.

3. DEFINITION OF A LEGAL RIGHT

According to Black’s Law Dictionary,

1. A right created or recognized by law.
2. A right historically recognized by common-law courts.

According to Oxford’s Dictionary of Law,

Generally, all rights recognized by the law (both common law and equity) as
having legal existence and effect, as distinguished from moral right

4. MEANING OF LEGAL RIGHTS

Rights, like wrongs and duties, are either moral or legal. A moral or natural right is an
interest recognized and protected by a rule of morality, an interest the violation of
which would be a moral wrong, and respect of which is a moral duty. A legal right, on
the other hand, is an interest recognized and protected by a rule of law, an interest the
violation of which would be legal wrong, and respect for which is a legal duty

5. DEFINITION BY DIFFERENT JURISITS

Different jurists have tried defining legal rights. Some definitions are given below,

According to Salmond, legal right is an,

“interest recognized and protected by law”

According to Holland,

“Right is a capacity residing in one man of controlling, with the

assent and the assistance of the state, the action of others.”

According to Austin,

“A person has a right when another or others are bound or

obliged by law to do or forebear towards or in regards to him”
 According to Ihering,

“A legal right is a legally protected interest”

6. DIFFERENT CONCEPTION OF LEGAL RIGHT

There are different conceptions awarded to the meaning of right. Some base the conception
of right upon the protection afforded by the state. Some emphasize the inherent attribute of
the human will in the conception of right. While others base the conception of rights on the
element of interest.

7. THEORIES OF RIGHTS

I. WILL THEORY

According to the exponents of this theory, right is an inherent attribute of the human
will. This theory maintains that a right makes the right holder “a small-scale sovereign”
and this sovereign by virtue of this right acquires a power over another’s duty. This
theory says that the purpose of law is to grant the individual the means of self-
expression or self-assertion. Therefore, right emerges from the human will.

However, the will theory is unable to acknowledge and explain about the unwaivable
rights, and the rights of those who are incapable of exercising sovereignty.

II. INTEREST THEORY

Buckland (interest or expectation guaranteed by law), Salmond (an interest recognized

by a rule of right) and Ihering (legally protected interest) are the exponents of this
theory. According to this theory, interest and not will is the fundamental basis of a
right. Law always has a purpose. In case of rights the purpose of law is to protect
certain interests and not the wills or the assertions of individuals.

III. RECONCILIATION OFFERED BY ALLEN

Allen reconciles the two theories, viz, the right derived from the exercise of human will
and right upon the protection of an interest by saying that the essence of a legal
right is not legally guaranteed power by itself, nor legally protected interest
by itself, but the legally guaranteed power to realize an interest.

8. ESSENTIAL CHARACTERISTICS OF A RIGHT

According to Salmond, every legal right has five Essential elements which are as follows;

I. The Person of Inherence / Subject of the Right.

There must be a person who is the owner of the Right. He is the subject of the legal
right. He is sometimes described as the person of inherence or the subject of it or the
person entitled. Example – X purchased a car for 1 million
dollars. Here ‘X’ is called subject of right

II. The Person of Incidence / Subject of the Duty

 A legal right occurs against another person or persons who are under a corresponding duty
to respect that right. Such a person is called the person of incidence or the subject of the
duty or the person bound Example – If X has a particular right against Y, X is
the person of inherence and Y the person of incidence.

III. Subject Matter or Contents of Legal Rights

It relates to some act to do or not to do any act or forbearance. It obliges a person to
act or forbear in favour of the person who is entitled to the rights.

IV. Object of the Legal Right

The thing or an object over which the right is exercised is called ‘Object of Right’.
In above example Car is the object of right.

V. Title to Right
Title is nothing but the name given to the legal right. Title is a process, by which the
right is vested/conferred.

9. CORRELATIVENESS OF RIGHTS AND DUTIES

There are two views about the correlativeness of rights and duties

I. There can be no right without corresponding duty; or duty without

corresponding right. Every right must involve a vinculum juris or bond of legal
obligation.

II. There is a distinction between relative duties and absolute duties. Absolute
duties are those which have no corresponding or correlative rights. Relative
duties are those to which there is a corresponding right in some person or
definite body of persons e.g. duty to pay one’s debt to the creditor.
 According to Salmond, all duties are relative and there can be no
absolute duties, for there must be a right in another when one is under
a duty
 According to Austin, every right implies a corresponding duty, but not
every duty implies a corresponding right.
 Thus, it may be concluded that duties in the strict sense of the term have
corresponding rights, but duties in the wider sense do not have corresponding
rights.

10. CLASSIFICATIONS OF RIGHTS ACCORDING TO THEIR OBJECT

According to their object, Salmond classifies rights as,

1. Rights over Material Things – Right to my own house etc.

2. Rights in respect of one’s own person – It is my right not to be killed, injured

or imprisoned, the object being my life, health and personal liberty

3. The Right of Reputation – Here the object is a person’s reputation. It is his

right not to be libeled

4. Right in respect of Domestic Relations – A person is a social being.

Consequently, he has a right in society to security of his family.
 5. Rights in respect of other rights – In many cases a right has another right as
its subject-matter. In cases of an agreement to sell land or other goods, the right
transferred is a right to the right of ownership which passes only when the sale is
completed.

6. Rights over Immaterial Property - These are patent rights, copy-rights or the
goodwill of a firm.

7. Rights to Services – These are rights vested in one person to the service of
another, e.g. the right of Master to the services of his servant

11. KINDS OF RIGHTS

1. Perfect Rights & Imperfect rights

2. Positive Rights and Negative Rights

3. Right in rem and Right in personam (Real and Personal Rights)

4. Propriety and Personal Rights

5. Rights in Re-propria and Rights in Re-Aliena

6. Principal and Accessary Rights

7. Legal and Equitable rights

8. Primary and Sanctioning Rights

9. Vested and Contingent Rights

10. Inheritable and Uninheritable Rights

11. Municipal and International Rights

 12. Public and Private Right

12. CONCLUSION