The Interest Theory of Legal Rights The Interest Theory was proposed by the German Jurist, Rudolf von Jhering. On the other hand, according to the Interest theory, rights exist to serve relevant Legal rights affect every citizen. To have rights against the State is tantamount to saying that the individual has no rights at all. Realist Theory of Law 7. Indian Legal Theory 8. MacCormick (1976), for example, argued that any theory of rights which could not accommodate children’s rights must be deficient, and this was a reason, in his view, for adopting an interest theory. Hart's The Concept of Law. In Essays on Bentham: studies in jurisprudence and political theory, pages 162–193. As with many issues in contemporary jurisprudence, a host of recent debates concerning the proper methodology for legal theorists to adopt have been set into motion by H.L.A. This theory reflects the external nature of the human beings. Historically, there have been varying views of what the law is and how the law should be considered and enacted. Ihering defined rights as a legally protected interest. Historical School of Jurisprudence 4. Only the US—with its significantly older constitutional jurisprudence—has been largely unaffected by the German fundamental rights theory after World War II. For it is a part of economics, sociology, environment, property, etc”. Jurisprudence-Its Meaning, Nature & Scope 2. The answer will often turn upon whether one embraces an interest- or a choice-theory of rights. They have made the German fundamental rights theory and doctrine one of the leading fundamental rights concepts in the world. Different jurists have attempted to define legal rights some of them are as follows. The concept of legal rights of fundamental significance in modern legal theory, because we cannot live without rights, which are recognized and enforced by law. The main proponent of this theory is Ihering; a scholar of the Sociological School of Jurisprudence which considers Law is made to serve the Social Purpose and propounded the concept of Social Engineering. Law Article in … LEGAL RIGHTS • According to Salmond : “ A right is an interest recognized and protected by a rule of right. those acts or rights which further “social solidarity”. Interest Theory. The development of fundamental rights in case law 2010). In today’s era of increasing feminism and focus on equality and human rights, it is hard and amiss to digest the ruthless Hindu practice of Sati. Legal personality is an artificial creation of law. According to the benefit theory, having a right is the same thing as being the beneficiary of the performance of another person’s duty. Natural Law Theory Here law means the State. General jurisprudence, broadly speaking, is an inquiry into the nature of law. Respectfully, I borrow this term from M. Kramer, 'Rights Without Trimmings.' The supporters of both theories are almost the same jurists. Jhering de!ned rights as legally protected interest. The theory of jurisprudence of interests is based on functional study of man, andsociety to secure and satisfy needs or demands of the community. Kinds of Legal Rights. Jurisprudence.5 Hohfeld’s description of relations between various forms of legal entitlements reflects truths on features of legal rights. He calls the theory of subjective right a a mere metaphysical abstraction. Also, any debasement of any legal right is punishable by law. b) Explain the different schools of jurisprudence: Analytical, Historical and Ethical schools. This half module will canvas and also take some concentrated looks at Austin’s command theory of law, Hart’s theory based on a combination of two kinds of rules, Dworkin’s inerpretivist theory, and Raz’s authority-based theory. Associate Professor Jacqueline Mowbray’s particular area of interest is international law and legal theory, with a focus on international human rights law. Such a theory of rights is not acceptable to pluralists and many others. POLI10702 – Introduction to Political Theory University Registration; 7366537 Page 2 of 7 work entitled ‘Essays on Bentham: Studies in Jurisprudence and Political Theory’, where he observed, “The individual who has the right is a small-scale sovereign”4. Supporter of this theory say that there are many interests in the world. D.N. According to positivists, legal rights are essentially those interests which have been legally recognized and protected. 3. a) Examine Salmond's definition of law. Jurisprudence is defined as the theory and philosophy of law, the relationship between the law and society. Lael K. Weis. In simple words, the court of law can enforce legal rights against persons and also against the government. In other words, the law is the exclusive source or authority which confers juristic personality. 5. Dr Michael Sevel researches issues in general jurisprudence, the rule of law, and moral and political philosophy. ... Situating Legislated Rights: legislative and judicial role in contemporary constitutional theory. In MacKinnon's theory of rights, she provides justification for giving stronger rights to women than men. By legal rights, he meant rights which are creatures of law, strictly or simply so called. Bentham's main interest was in universal censorial jurisprudence. Laski says that the State does not create rights, but only recognises them. And jurisprudence is the knowledge of the law and legal aspect of things. John Austin made a distinction between legal rights and other types of rights such as Natural rights or Moral rights. with Postscript, Penelope A. Bulloch and Joseph Raz, eds., 1994). Aggregate theory stipulates that corporations are formed when groups of people with a common interest come ... in Jurisprudence. It is often said that “You cannot know law only by knowing the law. Dias, “Study of jurisprudence provides an opportunity to the lawyer to bring theory and life into focus, for it concerns human thoughts in relation to social existence. According to R.W.M. These interest which … Jurisprudence List of Issues Volume 11, Issue 4 Jurisprudence. H ART, T HE C ONCEPT OF L AW (1st ed., 1961; 2nd ed. JURISPRUDENCE TYPES OF LEGAL RIGHTS Submitted by- Amulya Nigam ( BALLB vi sem) 2. Pages: 530-551. Philosophical or Ethical School 5. But freedom is also essentially dependent on others and other cultures. This is the first comprehensive explanation and survey of the Interest–Will theories of rights debate. This school of jurisprudence force on the theory that law is highly dependent on the structure of the society and the humans of the society. Hence, the practice is outlawed and illegal in today’s India. Freedom is the goal rather than the ground of human rights. Schools of Jurisprudence (Analytical School) 3. Hohfeld argued that the tendency to express all legal interest in terms of “rights” and “duties” resulted in confusion in the analysis of complex legal We shall now, discuss the types of rights in detail. The fullest account of Bentham's ... in effect, put at the disposal of the law, as a source of principle. Duguit’s theory was based upon Auguste Compte statement that “the only right which man can possess is the right towards his duty.” We can discuss the above statement by the theory of social solidarity (mutual dependence). ... Interest Theory. Study of jurisprudence helps law students to prepare them for good civil life by study of law to various aspects. Part - I Province of Jurisprudence and Legal Theory 1. METHODOLOGY IN JURISPRUDENCE - Volume 10 Issue 3. INDEX Roscoe Pound â€“ Introduction Social Engineering Interest Theory Jural Postulates Criticism Case Law Conclusion Bibliography Roscoe Pound â€“ Introduction Roscoe Pound was one of the leading figures in twentieth-century legal thought. ... Jurisprudence Legal theory (Allahabad Law Agency, Haryana, 7th Edn. In his “spirit of Roman law”. Concession Theory: This theory is allied to the fiction theory. 2. a) Discuss Austin's theory of law as the command of the Sover eign (Imperative law) and bring out the defects of his theory. The choice theory is motivated by two objections to a rival theory, the benefit (or interest) theory of rights. It is any interest, respect for which is a duty, and the disregard of which is a wrong “. Entities recognized by law are capable of being parties to a legal relationship. A legal right is an interest accepted and protected by law. It is only interest which is recognised by law. Nor is it true, he says, that an individual has no rights against the State. Sociological School 6. 2) Meaning and definition of legal right - contribution to jurisprudence made by the American Realist Movement. Hacker and J. Raz (eds) Law Morality … This theory says that corporate bodies have legal personality only to the extent granted by law. It is jurisprudence that tells us about the meaning of the law. Anna Lukina. types of legal rights under jurisprudence 1. This dissertation topic will explore the jurisprudence of Fuller, Hart and Dworkin in order to determine if there is a place for morality in the rule of law. Opening the Pandora’s Box: Kelsen and the Communist theory of law. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. It elucidates the traditional understanding of it as a dispute over how best to explain A RIGHT and clarifies the theories’ competing criteria for that concept. b) Examine law as the dictate of reason (Natural law theory). State the merits and Similarly, sufficient legal theory and jurisprudence are surrounding the law of property. The rights recognized and enforced by the common law courts were known as legal rights and the rights recognized and enforced by the chancery courts were known as equitable rights. H.L.A. Interest Theory:- This theory says that interest is the base of the right. Theory of law which denounced individual rights of man and subordinate them to social interest. Ihering laid the foundation of modern sociological jurisprudence by this insistence on treating law as one of the important factors to control the social organism .According to him i)Law has a coercive character ;ii)it has only a relative value; and iii)it has to be evaluated in the social context .Thus he treated law as an effective instrument for the attainment of social purpose. MacCormick, 'Rights in Legislation' in P.M.S. Ihering expounded the concept of Jurisprudence of interestsquite opposed to jurisprudence of conceptions the later had made law rigid, logical and purely formal without content.