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Question

"True subject matter of ownership in all cases is a right". Who gave this statement?

The correct answer is
Salmond

The statement, "True subject matter of ownership in all cases is a right", was made by the renowned jurist John Chipman Salmond.

Salmond's Definition of Ownership

John Chipman Salmond, in his influential work on jurisprudence, presented a specific view on the nature of ownership. He argued that ownership is not merely about possessing a physical object, but rather about holding a collection or 'bundle' of legal rights related to that object.

According to Salmond's legal philosophy:

  • Ownership is essentially a right or a set of rights that pertains to a thing.
  • These rights distinguish the owner from others and grant them control and enjoyment over the property.
  • The core element, or the 'true subject matter', is the legal power and control, which manifests as specific rights, rather than the physical object itself.

Understanding Ownership as a Right

Salmond viewed ownership as the relationship between a person and a thing, characterized by the person's ultimate right over it. This right includes:

  • The right to use the thing.
  • The right to exclude others from using it.
  • The right to dispose of the thing (sell, gift, destroy).
  • The right to possess the thing.

Therefore, Salmond emphasized that when we talk about ownership, we are fundamentally talking about the bundle of legal rights that the owner possesses concerning the property. This perspective places the legal right at the center of the concept of ownership, distinguishing it from mere possession or physical control.

Other jurists like Grotius, Roscoe Pound, and Ihering also contributed significantly to legal theory, but this specific definition of ownership being a right is attributed to Salmond.

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Important Questions from Jurisprudence

  1. Which of the following is not a theory of legal personality?
  2. Match the LIST-I with LIST-II
    LIST-I ProfounderLIST-II Idea
    A. MimansaI. Law and Morals are same
    B. SmritiII. "Idea of Values" is the foundation
    C. Post Reformation EuropeIII. Law derives authority from State and not morals
    D. KorknovIV. There is distinction between obligatory and recommendatory rules

    Choose the correct answer from the options given below:
  3. Which of the following are correct about "legal theory"?
    A. It defines Law
    B. It analyses legal concepts
    C. It deals with mere theory and has no practical importance
    D. It highlights salient features of legal system
    Choose the correct answer from the options given below.
  4. Arrange the following in the historical order of development of Natural Law theories (ascending)
    A. Union with Divine is end of law
    B. Church is the law giver
    C. Development of idea of Rationalism
    D. Revival of Natural Law
    Choose the correct answer from the options given below:
  5. Which of the following are correct about 'Rule of Law'?
    A. It is derived from French phrase "La principe de legalite"
    B. It is called supremacy of law
    C. It promotes arbitrary governance
    D. Decisions could be made by discretion only
    Choose the correct answer from the options given below:
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