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    Hohfeldian Analysis of Rights - The American Journal of Jurisprudence - Oxford Academic

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    Hohfeldian Analysis of Rights - The American Journal of Jurisprudence - Oxford Academic

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    Hohfeldian Analysis of Rights_ _ The American Journal of Jurisprudence _ Oxford Academic

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    Hohfeldian Analysis of Rights - The American Journal of Jurisprudence - Oxford Academic

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    8/10/2021 Hohfeldian Analysis of Rights* | The American Journal of Jurisprudence | Oxford Academic

    The Hohfeldian Analysis of Rights


    Heidi M Hurd  ,
    Michael S Moore

    The American Journal of Jurisprudence, Volume 63, Issue 2,


    December 2018, Pages 295–354,
    https://doi.org/10.1093/ajj/auy015
    Published:
    07 December 2018

    Abstract
    The article both explicates and evaluates (partly defends
    and partly critiques) the Hohfeldian analysis of legal
    rights particularly insofar as that analysis is extended to
    embrace moral rights as well as legal rights. Hohfeld is
    seen as distinguishing rights to do things (liberties or
    privileges) from rights to have things done for or to one
    (claim-rights). Only the second have correlative duties,
    the first having as its correlative only the absence of a
    right that the actor not do that which he has a privilege to
    do. Hohfeld's analysis is seen to understate the
    importance of rights for moral theory in two ways: as to
    liberty-rights, there is no sphere of freedom of action that
    it is the correlative duty of others to respect; and as to
    claim-rights, these appear to be no more than the reflex of
    a more basic, correlative duty. The article seeks to
    reinvigorate the role of rights in moral theory first, by
    substituting a more robust notion of liberty rights in
    replacement of Hohfeld's notion, and second, by showing
    that his analysis of claim rights, properly understood,
    does not make rights the mere reflex of more basic,
    correlative duties.

    Subject:
    Jurisprudence and Philosophy of Law
    Issue Section:
    Articles

    © The Author(s) 2018. Published by Oxford University Press on behalf of


    University of Notre Dame. All rights reserved. For permissions, please email:
    journals.permissions@oup.com.

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    8/10/2021 Hohfeldian Analysis of Rights* | The American Journal of Jurisprudence | Oxford Academic

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