Pierfrancesco Biasetti

Some problems of Hohfeld's analysis of subjective rights

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Keywords: Rights; Hohfeld; Deontic Logic; Static and Dynamic Paradigms of Rights.

Hohfeld's system of fundamental legal relations remains a paradigm of analytical jurisprudence and the best example of a «static» conception of rights. The object of this paper is to bring to light three problems of this system that have been neglected in the literature. They concern: a) the rules for deriving a Hohfeldian element starting from other Hohfeldian elements; b) the structure of Hohfeldian elements grounding the norms of competence; c) the infinite regress caused by the derivation rules of correlation and opposition. Through the description of the current state of the art of the Hohfeldian analysis, and the discussion of the above-mentioned problems, the author also focuses on the need of integrating the «static» paradigm of Hohfeld's framework with a «dynamic» conception of rights.

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