On the classical binary distinction, see FRIEDRICH KARL VON Savigny, Jural
Relations: Or, The Roman Law of Persons as Subject of Jural
RELATIONS 322-23 (W.
Beginning with Hohfeld's taxonomy of jural
relations, however, our picture of property became more complex.
Hohfeld analyzes two types of facts that create a jural
relation: an operative fact and an evidential fact.
We know this because the jural
correlative of a privilege is a no-right, whereas the jural
correlative of a right is a duty.
From one perspective, their claims have failed to achieve the entitlement and recognition grounded in these governmental regimes in-so-far as recognition through jural
means has been partial at best (Povinelli 2002; Scambary 2007).
Though power has been delegated to the principal employer to recover from the contractor by deductions when the contractor fails to pay wages or other entitlements to the workers (Section 21(4)) and jural
power to enforcement agencies is implied, but a direct jural
relationship (co-relative) between the contractor and the workers is missing, moreover like in section 20 there is a lack of joint entitlement between stakeholders like the principal employer and enforcement agencies, thus creating an unavoidable disability and consequential immunity to contractors.
Why this persistent move on the part of jural
conservatives to find refuge in appealing to history or legislative history?
James Lorimer, The Institutes of the Law of Nations: A Treatise of the Jural
Relations of Separate Political Communities, vol.
In Hohfeld's first-order jural
relations, a "liberty" to perform X-ing corresponds to the absence of a "duty" to forbear X-ing.
Since, after all, a debt is a relation of jural
Kim Forde-Mazrui, Jural
Districting: Selecting Impartial Juries Through Community Representation, 52 VAND.
With respect to constitutional freedoms as against the government, it may be strictly speaking more apt--in Hohfeldian terms--to consider the jural
relation an immunity against government, which leaves in place the underlying freedom or liberty.