right

Salmond defined a legal right as an interest recognised and protected by a rule of law, respect for which is a legal duty and disregard of which is a legal wrong. Every right has five elements: a holder (subject), a person bound by the duty, the content (act or forbearance), the object (the thing over which the right exists) and the title (the facts by which it was acquired).

Rights are classified as perfect and imperfect, positive and negative, real (in rem) and personal (in personam), proprietary and personal, and principal and accessory. Hohfeld showed that “right” is used loosely for four different relations: a claim (with duty), a liberty or privilege (with no-right), a power (with liability) and an immunity (with disability). Only a claim is a right in the strict sense.

Example

A has a right in rem to his land, which imposes on everyone the duty not to trespass on it.

See also

Hohfeld's analysis · in rem · in personam · jurisprudence

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Classification of administrative action (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)