SIR WILLIAM BLACKSTONE AND THE DOCTRINE OF SUBJECTIVE RIGHTS

Abstract

The doctrine of subjective rights forms part of South African jurisprudence. This is not the case in English law, which, for instance, does not clearly distinguish between property, as a legal object, and property rights. However, if one considers Sir William Blackstone’s famous definition of property in his Commentaries on the Laws of England, it does contain some features of the doctrine: the definition is about the “right of property” and its features. Property as object, and right of property as a right, are distinguished. A right of property has entitlements and operates against third parties. A property right involves a legal relationship between a person and a thing, as well as a legal relationship between a person and third parties. In conclusion, the Blackstonian definition contains features of the doctrine of subjective rights that are useful when analysing property rights in English common law systems.