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Rights That.

Eleanor Eldridge

    Oxford Journal of Legal Studies
    |December 2, 2024
    PubMed
    Summary

    Hohfeld

    Area of Science:

    • Legal Philosophy
    • Jurisprudence
    • Analytical Legal Theory

    Background:

    • Wesley Hohfeld's influential legal analysis.
    • The pervasive influence of language and syntax in legal thought.
    • A common misinterpretation of Hohfeld's analytical scheme.

    Purpose of the Study:

    • To critically examine the syntactical structure of Hohfeld's concepts of duty and liberty.
    • To identify and correct a prevalent misinterpretation of Hohfeld's analytical framework.
    • To explore the doctrinal implications of a broader understanding of duties and liberties.

    Main Methods:

    • Linguistic and conceptual analysis of Hohfeldian jural relations.
    • Critique of the 'to ϕ' syntactical form in legal analysis.
    • Examination of legal doctrines beyond action or inaction.
    Keywords:
    contract lawequitylegal philosophyprivate lawrightstort

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    Main Results:

    • Hohfeld's restrictive syntax has led to a narrow interpretation of duties and liberties.
    • The content of duties and liberties is not exclusively limited to the bearer's actions or inactions.
    • A broader understanding of Hohfeld's concepts reveals significant doctrinal implications.

    Conclusions:

    • Revisiting Hohfeld's framework requires attention to syntax beyond the 'to ϕ' form.
    • Legal duties and liberties can encompass more than just the bearer's conduct.
    • This revised understanding has far-reaching consequences for legal doctrine and theory.