(a) Subject of right
(b) Object of right
(c) Content of right
(d) Title of right
The fifth characteristic is:
Salmond's Characteristics of Legal Rights
According to legal scholar Salmond, legal rights possess several defining characteristics. The question provides four of these:
- Subject of right
- Object of right
- Content of right
- Title of right
Determining the Fifth Characteristic
A fundamental aspect of legal rights is their inherent link to legal duties. Every legal right held by one person (the subject) corresponds to a legal duty imposed on another person or persons.
Salmond identifies the fifth essential characteristic of a legal right as relating directly to this corresponding duty.
Considering the options:
- Option 1 relates to the 'object' or 'content'.
- Option 2 describes the 'content' or the action required.
- Option 3 describes the 'title' or basis of the right.
- Option 4: The subject of the corresponding duty - This directly addresses the person bound by the duty that parallels the right.
Therefore, the fifth characteristic of a legal right, as enumerated by Salmond, is the subject of the corresponding duty.
Important Questions from Jurisprudence
- Which one of the following Jurists asserts that 'Law and morality are complementary and supplementary to each other'?
- Who among the following said that there is in essence, no difference between the legal personality of a company and that of an individual?
- Which of the following statements is NOT correct in regard to distinction between Civil and Criminal liability?
- Which of the following could be considered to be advantages of Legislation over Precedent?
(a) Abrogative capability
(b) Fore knowledge
(c) Prospective application
(d) Systematic arrangement
Choose the correction option: - Consider the following statements and point out which statements are related to Positivism
(a) Laws are command
(b) Analysis of legal concept is distinct from Sociological and Historical analysis
(c) Decisions can be deducted logically with recourse to morality
(d) The 'Law as it is' has to be kept separate from 'Law ought to be'
Choose the correct option :
