Concept of Right

A right can be defined as a claim of

title which may be based on legal
guarantee or moral principal.
Right to free speech is based on legal
guaranteed under A.19
An author is said to have moral right
on the control of her work.
 Right is an interest recognized and
protected by a rule of law, it is an interest ,
respect for which is a legal duty, disregard
of which is a legal wrong, a violation of
justice as per law.- Sir John Salmond.
Sir Salmond also refers to natural rights as
nonsense upon stilts.
Allen defines Right as the legally
guaranteed power to realize an interest.
 Holland defines , Right is the capacity
residing in one man of controlling with the
assent and assistance of the state the
action of others.
For example, Leela has a right to own a car.
Meaning Leela has the capacity to possess
and own a car (property) and state will
punish anyone who deprives her of this
right( through theft/ illegal means).
 Rights
It is vested in a person.(Person of Inherence)
It is available against a person.(person of
incidence)
It obliges the person bound to an act or
omission in favour of the person,
entitled(content of the right).
Every right has a title.
The act or omission relates to something
which may be termed object or subject
matter of rights
 Classification of rights
Moral or Natural Right.
Primary and secondary Rights.
Public and Private Rights
Negative and Positive Rights
Perfect and Imperfect Rights
Right in rem and Right in personam
Vested and contingent Right.
 Theories of Right
Will Theory
Interest Theory