In Wesley Newcomb Hohfeld’s Theory of Power, which statement correctly defines 'Claim-right'?
Understand the Problem
The question is asking for a definition of 'Claim-right' according to Wesley Newcomb Hohfeld’s Theory of Power, specifically to identify which of the provided statements correctly describes it.
Answer
'Claim-right' is the duty of A to B, meaning B has a claim against A.
'Claim-right' is defined as a situation where Person A is under a duty to perform a specific act (act-X) in relation to Person B, meaning B has a claim against A.
Answer for screen readers
'Claim-right' is defined as a situation where Person A is under a duty to perform a specific act (act-X) in relation to Person B, meaning B has a claim against A.
More Information
In Hohfeld’s framework, the claim-right is one of the core components that define various legal relationships. It indicates that someone (the duty holder) has an obligation toward the right holder, establishing a legal claim in favor of the latter.
Tips
A common mistake is to confuse 'claim-rights' with 'liberty-rights.' A claim-right imposes duties on others, while a liberty-right implies freedom to act without creating duties for others.
Sources
- An Introduction to Hohfeldian Rights Analysis - thereformedconservative.org
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