All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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60.

Hohfield devised a matrix to enable the understanding of specific legal concepts. According to him, which of the following are jural correlatives.

A: Liberty and duty.
B: Privilege and right.
C: Right/claim and duty.
D: Right and no right.
E: Privilege and liberty.

The answer is: C

Explanation

The correct option is C: Right/claim and duty.

Hohfeld's fundamental contribution to legal theory is his analysis of jural correlatives, which are pairs of legal concepts that are related to each other in a specific way. According to Hohfeld, the four fundamental jural correlatives are:

Right/Claim: A right is a legal power to do something or to demand that someone else do something, while a claim is the corresponding duty or obligation of another person to respect or fulfill that right.

Privilege/No-right: A privilege is the legal freedom to do something without interference, and a "no-right" is the corresponding absence of a duty in others to refrain from interfering with that action.

Power/Liability: A power is the legal capacity to create, modify, or extinguish legal rights and duties, while liability is the corresponding exposure to having one's rights and duties modified by the actions of others.

Immunity/Disability: An immunity is the legal protection against the imposition of certain legal consequences, while a disability is the corresponding limitation on the exercise of legal rights.

So, in this context, "Right/claim and duty" (option C) are jural correlatives because they represent the relationship between a legal right and the corresponding legal duty. This is a fundamental concept in Hohfeld's matrix, which helps in understanding the structure of legal relationships.