Hohfeld’s typology of rights

From Critiques Of Libertarianism
Jump to: navigation, search

Wesley Newcomb Hohfeld created the standard legal classification of right, duty, privilege, no-right, power, liability, immunity and disability in his 1913 article Some Fundamental Legal Conceptions as Applied in Judicial Reasoning. (Privilege means liberty.) Libertarians (and lay people in general) are usually ignorant of these important definitions. The most important of these observations is that rights have correlative duties for others and a duty is the opposite of a liberty. Your rights destroy liberties of others.

Links

Rights (Stanford Encyclopedia of Philosophy) [More...]
An excellent summary: so good that it even makes Hohfeld comprehensible. However, gives only a glancing mention to enforcement of duties.
A Hohfeldian Primer [More...]
A complete but difficult introduction that links to the original text of Some Fundamental Legal Conceptions as Applied in Judicial Reasoning to explain the ideas.
How to Do Things with Hohfeld [More...]
"... an effort to provide an accessible and sawdust-free account of Hohfeld’s article, as well as to show how and why his analysis of “legal relations” (e.g., right/duty, etc.) matters." Long and professional level. Worth study!
Legal Theory Lexicon 034: Hohfeld Introduction [More...]
A brief introduction that uses the terms claim rights, liberty rights, authority rights, and immunity rights. While it identifies the correlates, it does not mention the jural opposites.
Rights Theory handout: Hohfeld's Fundamental Legal Conceptions [More...]
One page of tables with jural opposites and correlates, and then their paraphrased definitions. The paraphrases change "right" into "claim".
Some Fundamental Legal Conceptions as Applied in Judicial Reasoning [More...]
The original 1913 legal article by Wesley Newcomb Hohfeld that helped clarify legal thought by distinguishing right, duty, privilege, no-right, power, liability, immunity and disability.
The Difference Between a "Right" and a "Liberty" and the Significance of This Difference In Debates Over Public Policy On Abortion and Euthanasia [More...]
The Hohfeldian legal distinction between a right and a liberty (privilege or lack of duty) fairly well explained. The right-wing Christian moral analysis can be ignored.

Quotations

No quotations found in this category.