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Jurisprudence / Legal Theory · Unit 4

Jurisprudence exam question: Set out Hohfeld's scheme of jural

The question (15 marks)

Set out Hohfeld's scheme of jural relations and explain, with illustrations, why a liberty is not a claim. Add the criticisms made of the scheme. (15 marks)

MU Module 4, head on rights in the wider sense - the Hohfeldian table.

Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.

It tests Unit 4 · Rights, Persons, Property and Possession of Jurisprudence / Legal Theory.

Authorities you will need

  • W.N. Hohfeld, Fundamental Legal Conceptions
  • Professor Glanville Williams, whose presentation makes the jural contradictories visible
  • Musgrove v Chun Teeong Toy; Bradford Corporation v Pickles; Piddington v Bates
  • Chapman v Honig, on considering a jural relation only between the two parties

How an answer is marked

A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.