Rights Theory handout: Hohfeld’s Fundamental Legal Conceptions

Jural Opposites

right privilege power immunity no-right duty disability liability

Jural Correlates

right privilege power immunity duty no-right liability disability

Opposites paraphrased

X has a claim against Y that p X has a privilege regarding Y whether p X has a power with regard to Y to determine whether p X is immune to Y determining whether p X has no claim against Y that p X has a duty to Y that not-p X has no power, with regard to Y, to determine whether p X is liable to Y determining whether p

Correlates paraphrased

X has a claim against Y that p X has a privilege regarding Y whether p X has a power with regard to Y and whether p X is immune to Y determining whether p Y has a duty to X that p Y has no claim against X that not-p Y is liable to X as to whether p Y has no power, with regard to X, to determine whether p

Non-correlates

X has a claim against Y that p X has a privilege regarding Y whether p     X has a privilege regarding Y and whether p

[Thomson’s conflicting promises example]

X has a claim against Y that p

[Hohfeld’s salad example]