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Jural Relationships in the System of Reciprocal Duties

Authored by Dr. Iuris Alexander Espinoza Rausseo and Dr. Jhenny de Fátima Rivas Alberti


Editorial Note:

This article marks the beginning of a multi-part series that examines the structure of legal relationships through the lens of the system of reciprocal duties. Moving beyond conventional rights-based analysis, the series explores how duties, particularly those owed to oneself, form the conceptual foundation of rights and their interaction within society.


Drawing on the works of jurists such as Hohfeld, Kant, and Mill, the series distinguishes between non-conflictual and conflictual jural relationships, interrogates the idea of self-regarding acts, and analyses how autonomy operates within legal and moral frameworks. Through a combination of theoretical exposition and illustrative case studies, the authors seek to demonstrate that rights are not isolated entitlements but are embedded in a broader matrix of reciprocal obligations.


Subsequent parts of the series will build on this foundation by examining specific scenarios, such as property rights and personal autonomy, to illustrate how these abstract principles function in practice.


About the Authors:

Dr. Jhenny de Fátima Rivas Alberti
Dr. Jhenny de Fátima Rivas Alberti

LL.M. (Passau), completed his postgraduate studies successfully, obtaining both a Magister Legum (LL.M.) and a Doctor Iuris (Dr. iur.) degree at the University of Passau in Germany. His academic work focused on comparative law, constitutional law, administrative law, and legal methodology. He is a professor at the Universidad de Las Américas (UDLA) in Chile. His research focuses on fundamental rights and legal theory, with over 60 publications.

Dr. Jhenny de Fátima Rivas Alberti
Dr. Jhenny de Fátima Rivas Alberti

She is a legal scholar and researcher specializing in Constitutional Law. She earned her law degree Summa Cum Laude from the Central University of Venezuela (UCV) and holds a Diploma of Advanced Studies (DEA) in Constitutional Law. She holds a Ph.D. in Law from the University of Zaragoza in Spain. Her doctoral research, conducted within the Department of Public Law, earned her the highest academic distinction of Sobresaliente Cum Laude. Her expertise focuses on Fundamental Rights, freedom of speech, and educational pluralism. She currently serves as the Academic and Research Director at the Institute of Constitutional Studies (IEC) and is a Professor and Researcher at the Universidad de Las Américas (UDLA) in Viña del Mar, Chile.



Index:

  1. Duties Towards Oneself in the System of Reciprocal Duties: https://youtu.be/Wn4BYuqr-rE

  2. Non-conflictual jural relationships

    1. The Absence of a Factual Conflict of Rights: https://youtu.be/8do_1jWk4jc

    2. Case 1: Right to Exclude: https://youtu.be/-nh7GfDiDJs

    3. Case 2: Voluntary intoxication (Self-Regarding Acts): https://youtu.be/y708HRpb1po

  3. Conflictual jural relationships: https://youtu.be/QzyKktiHiW4

  4. From Self-Regarding Acts to the Model of Spheres

    1. Case 6: The use of motorcycle helmets (Indirect Effect): https://youtu.be/bwdvUAMHhWg

    2. Case 7: Vertical Limit: https://youtu.be/-aBctMoGwO4

    3. Case 9: The Merchant of Venice (Self-Regarding Contracts): https://youtu.be/b2gakskW1bg


This series of videos is based on:

Espinoza Rausseo, A., & Rivas Alberti, J. (2026). Duties Towards Oneself and Self-Regarding Actions in the System of Reciprocal Duties. Mexican Law Review, 18(2), e20548. https://doi.org/10.22201/iij.24485306e.2026.2.20548


We aim to examine the relationship between behaviours that are exclusively governed by internal legislation and those that are also subject to external legislation. The former are governed exclusively by prima facie duties towards oneself, while the latter establish the scope of prima facie duties towards others.


  1. Duties Towards Oneself in the System of Reciprocal Duties

We propose that the sphere of duties towards oneself serves as the basis for the entire system of reciprocal duties. The self-determination of the individual constitutes the cornerstone of a system of duties and rights across various levels or corresponding to the individual, social, and public spheres. 


  1. Non-conflictual jural relationships

    1. The Absence of a Factual Conflict of Rights


We will distinguish between non-conflictual jural relationships, which contain elements that do not admit or require external legislation, but rather internal legislation, and conflictual jural relationships, which must be resolved in order to reestablish a peaceful state of no right. 


  1. Case 1: Right to Exclude


In a non-conflictual relationship, Alvin's right to exclude others from his property is opposed (‹›) to Beto's no-right to enter the property. The absence of controversy in the procedural sense has led some authors to argue that this is not a true jural relationship. However, this approach obscures a more complex scheme. This relationship is characterised by a combination of ethical and legal components.


  1. Case 2: Voluntary intoxication (Self-Regarding Acts)


Self-regarding acts refer to conduct that is carried out and only has effects within the sphere of privacy reserved for the individual. In this scenario, the individual's prima facie duties to himself are in opposition to the prima facie social no-duty towards others.


  1. Conflictual jural relationships


Conflictual jural relationships arise from a factual conflict of prima facie opposing rights. In determining their own ends, Alvin and Beto desire something that is mutually exclusive. Both have chosen to do «Z», and their conduct expresses the exercise of a right of defence not to be prevented from doing «Z».


  1. From Self-Regarding Acts to the Model of Spheres

    1. Case 6: The use of motorcycle helmets (Indirect Effect)


The discussion of whether an individual should submit to an apparently trivial restriction such as a motorcycle helmet or seat belt to reduce the high risk of serious injury, gives rise to a conflict of prima facie duties to oneself.


  1. Case 7: Vertical Limit


We will first review Mr. Boyce's decision in the context of his prima facie duties to himself. This analysis will allow us to determine whether there is a social duty of non-interference on Peter's part.


  1. Case 9: The Merchant of Venice (Self-Regarding Contracts)


We wonder if a self-regarding act can be the subject of a contract. Is this obligation legally enforceable? First, we will review Antonio's obligation to return 3,000 ducats to Shylock. Next, we will review the bond agreement, which states that if Antonio fails to repay the money within the established time frame, he agrees to settle the debt by giving up one pound of his flesh.


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