Rights Human

Rights Austin- A person can be said to have a right only when another or other are bound or obliged by law to do something . A right has always a corresponding duty. Rights as defined by salmond as “intrest which are procted by law is your right.” If someone has a right then it would be someone duty. You can identify other person and state should protect you. Grey- “right is power given to force somebody to act or not act by state.” Keelson-“you Keelson-“you cannot have a negative right” ExEx- right to be killed Salmond- A right is an interest recognized and protected by rule of right. It is an interest , respect for which is a duty and disregard of which is a wrong. Salmond has given 5 elements of rights: 

There should be person of inheritance

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There should be person of incidence

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There should be content

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Object

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Title

Hohfeld has talked about trust, jurial co-relation, jurial opposites Claim

privilege Jurial co-relations co-relations

Duty

No claim

where there is a claim the other person has a duty and when a person has a claim at the same time he does not have no claim as they are jurial opposites. Immunity

power Jurial co-relations

Disability

liability

Various types of rights: 1. Vested and contingent rights 2. Perfect and imperfect rights

3. Positive and negative rights 4. Right in rem and right in personam 5. Dominant and serviant right 6. Primary and sanctioning rights 7. Proprietary and personnel right

Ownership Dominium- Absolute right to a thing. Possessio- Physical control over a thing. Idea of ownership came through possession which evolved from owner and detenu. Custody-legal possession Possession-exclude other from using Ownership-can destroy on your own will Austin- A right over a determinate thing indefinite in the point of disposition and unlimited in the point of duration. Holland- It is plenary control over an object. Owner has three rights: Possession, Enjoyment, and Disposition. Humans cannot be owned , only things can be owned. Even if anything has no value then also you own it because you have a right to possess it, destroy it and even alienate it. Animals are object because they don’t have a legal right but you own a duty towards the owner of the animal. Salmond- Ownership is the most comprehensive significance denotes the relation between persons and any right that is vested in him. indices given by Salmond: 1. Owner has a right to possess. 2. Ownership is indeterminate. Pollock- power to use and dispose anything subject to legal restriction. Ownership of human is a absolute right and you can do that to people who do not have any right. FR cannot be alienated. Owning oneself is not possible because it is a relationship between you and object but not between oneself.

Kinds of Ownership: 1. Joint and co-ownership 2. Sole and co-ownership 3. Trusteeship and beneficiary 4. Absolute and limited ownership 5. Vested and contingent ownership 6. Corporeal and incorporeal ownership Acquisition and extension of ownership Acquisition 1. Original 2. Derivative

Original ownership 1. Absolute 2. Extinctive 3. Accession

Analytical School BenthamHis legal philosophy is called utilitarian Individual. Function of law is to emancipate the individual from the bondage and restrain upon his freedom. He was a supporter of lessez faire principle. He was individualist because he beloved when freedom will be given to individual then he can look for his welfare. He was a realist. The purpose of law is to bring pleasure and pain. John Austin Father of analytical school. Law is command of sovereign and command implies of duty and sanction. Power to punish is the essence of law.

Historical School Savigny Law is a product of people life, it is a manifestation of its spirit, law has its own consciousness of the people. Developes according to the necessity. Henry Main Stages : Law made by the devine inspiration. Command crystallized into customary law. Knowledge of customs goes in the hand of minority. Codification.