NATIONAL LAW UNIVERSITY, JODHPUR

SUMMER SESSION

(JULY-NOVEMBER 2018)

LEGAL METHODS

Home Assignment

SUBMITTED BY: SUBMITTED TO:

RICHIK DADHICH Mr. ANIRUDDH PANICKER

B.B.A- LL.B. (Hons.)
T115
Question 1: WHAT IS HOHFELD ANALYSIS?

Hohfeld Analysis is a concept of analyzing legal principles in a broader sense which was given

by Professor Wesley Hohfeld, a learned scholar of Jurisprudence. He propounded that there can

be different meanings to a term such as ‘right’ and there was an ambiguity in its interpretation.

This lack of precision in the language subsequently indicates a lack of precision in thought and

the conclusions that are derived in turn. His efforts to facilitate reasoning led him to break the

meaning of rights into eight unique concepts. These terms are defined with respect to one another

to eliminate the presence of any ambiguity. Four pairs of opposites and correlatives are said to

exist can be illustrated as following jural concepts-

Benefits-

1. Right/No-Right

2. Privilege/Duty

3. Power/Disability

4. Immunity/Liability

Burdens-

1. Right/Duty

2. Privilege/No-Right

3. Power/Liability

4. Immunity/Disability

2
Question 2: WHERE DOES HOHFELD LAG BEHIND?

On the construction of the two Hohfeldian square of opposition, taking the aspects of benefit and

burdens in each of them through the construction in the form of opposites and co-relatives, we find

that the terms still cannot be defined uniquely on a singular basis, and are still inter-linked and

dependent on each other for their explanation. Hence an ambiguity exists. We infer that the

Hohfeldian Squares of opposition, even though providing a fair interpretation of the terms, is not

sufficient. Further, the two terms can co-exists at the same time. This ambiguity can be solved

through the formation of Triangle of Possibilities where each term in the triangle is sufficient for

its own explanation and solves the problem. An illustration of the same can be considered for

further interpretation-

Conduct required by the law No conduct required by the law

No-Conduct not required Conduct is not required by law

The above given figure would be the skeletal for the Square of opposition for the aspect of conduct.

Considering the bottom two expressions, we can not arrive at a definite conclusion because it is

silent on whether no conduct is required because the law prohibits something or is it because the

law does not talk about it in its entirety. This problem is solved through the Triangle of possibility

which gives a clear and definite picture.

Conduct is required No conduct is required

Neither conduct nor no conduct is required

3
Question 3: The Right to Information with regards to the Hohfeldian Analysis

The RTI Act, 2005 was introduced with the sole objective of empowering people,
containing corruption, and bringing transparency and accountability in the working of the
Government. The Right to Information Act mandates that timely response be given to any
citizen who asks for information from a government department about facts or data
concerning it, within 30 days.
It can be explained by the hohfeldian analysis. As the citizens now have a right to demand
any piece of information from the concerned government department, the government has a
corresponding duty to give them access to the same within 30 days. There can also be no
claim on this right. As there exists a liberty for the citizens to access the information, there
doesn’t exist a duty to not to access the information by the citizens.
The state under RTI is liable and empowered to release the concerned pieces of information
in response to the exercise of the citizens power to ask for the information. Therefore, as the
state has the liability, it does not have the immunity to not to release the information. As the
citizens have the power to demand the information, they are not disabled to not ask for the
information.