The Rights Network: 100 Years of the Hohfeldian Rights Analytic
Jack Thompson
Brighton Business School
This paper sets out to reconsider the Hohfeldian framework of rights in celebration of the centenary anniversary of their original publication. It begins by conceptualizing each of the Hohfeldian incidents or rights before outlining the molecular or complex structure of rights to "things". I adopt a broad use of the term of "right" and apply it to Legal, Moral, Equitable and Human conceptions and constructions. It sets out an argument in favor of a further definitional model—in addition to Hohfeld's scheme of opposites and correlatives—which focuses on the function of these conceptual rights. Finally, it sets out to provide a model of rights as forming a network within a given community and the exponential growth of "rights-connections" within an expanding community. This is used to frame responses to common criticisms of "rights talk" and the balance of benefits and burdens on account of such a rights network. Ultimately, this paper seeks to demonstrate the benefit, and indeed necessity, of the Hohfeldian model in any discussion of rights. Without it "rights talk" is debased and impoverished.
https://doi.org/10.3390/laws7030028
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).
Hohfeld
Legal Philosophy
10.3390/laws7030028Licence: CC BY
laws-07-00028-v2Final published version, 284 KBLicence: CC BY
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J.C.Thompson@brighton.ac.uk
Brighton Business School - Senior Lecturer
Thompson, J. (2018). The Rights Network: 100 Years of the Hohfeldian Rights Analytic. Laws, 7(3), [28]. https://doi.org/10.3390/laws7030028
Thompson, Jack. / The Rights Network : 100 Years of the Hohfeldian Rights Analytic. In: Laws. 2018 ; Vol. 7, No. 3.
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abstract = "This paper sets out to reconsider the Hohfeldian framework of rights in celebration of the centenary anniversary of their original publication. It begins by conceptualizing each of the Hohfeldian incidents or rights before outlining the molecular or complex structure of rights to "things". I adopt a broad use of the term of "right" and apply it to Legal, Moral, Equitable and Human conceptions and constructions. It sets out an argument in favor of a further definitional model—in addition to Hohfeld{\textquoteright}s scheme of opposites and correlatives—which focuses on the function of these conceptual rights. Finally, it sets out to provide a model of rights as forming a network within a given community and the exponential growth of "rights-connections" within an expanding community. This is used to frame responses to common criticisms of "rights talk" and the balance of benefits and burdens on account of such a rights network. Ultimately, this paper seeks to demonstrate the benefit, and indeed necessity, of the Hohfeldian model in any discussion of rights. Without it "rights talk" is debased and impoverished.",
keywords = "Rights, Duties, Hohfeld, Obligations, Law, Networks, Legal Philosophy",
author = "Jack Thompson",
note = "This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).",
doi = "10.3390/laws7030028",
journal = "Laws",
Thompson, J 2018, 'The Rights Network: 100 Years of the Hohfeldian Rights Analytic', Laws, vol. 7, no. 3, 28. https://doi.org/10.3390/laws7030028
The Rights Network : 100 Years of the Hohfeldian Rights Analytic. / Thompson, Jack.
In: Laws, Vol. 7, No. 3, 28, 16.07.2018.
T1 - The Rights Network
T2 - 100 Years of the Hohfeldian Rights Analytic
AU - Thompson, Jack
N1 - This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (CC BY 4.0).
N2 - This paper sets out to reconsider the Hohfeldian framework of rights in celebration of the centenary anniversary of their original publication. It begins by conceptualizing each of the Hohfeldian incidents or rights before outlining the molecular or complex structure of rights to "things". I adopt a broad use of the term of "right" and apply it to Legal, Moral, Equitable and Human conceptions and constructions. It sets out an argument in favor of a further definitional model—in addition to Hohfeld's scheme of opposites and correlatives—which focuses on the function of these conceptual rights. Finally, it sets out to provide a model of rights as forming a network within a given community and the exponential growth of "rights-connections" within an expanding community. This is used to frame responses to common criticisms of "rights talk" and the balance of benefits and burdens on account of such a rights network. Ultimately, this paper seeks to demonstrate the benefit, and indeed necessity, of the Hohfeldian model in any discussion of rights. Without it "rights talk" is debased and impoverished.
AB - This paper sets out to reconsider the Hohfeldian framework of rights in celebration of the centenary anniversary of their original publication. It begins by conceptualizing each of the Hohfeldian incidents or rights before outlining the molecular or complex structure of rights to "things". I adopt a broad use of the term of "right" and apply it to Legal, Moral, Equitable and Human conceptions and constructions. It sets out an argument in favor of a further definitional model—in addition to Hohfeld's scheme of opposites and correlatives—which focuses on the function of these conceptual rights. Finally, it sets out to provide a model of rights as forming a network within a given community and the exponential growth of "rights-connections" within an expanding community. This is used to frame responses to common criticisms of "rights talk" and the balance of benefits and burdens on account of such a rights network. Ultimately, this paper seeks to demonstrate the benefit, and indeed necessity, of the Hohfeldian model in any discussion of rights. Without it "rights talk" is debased and impoverished.
KW - Rights
KW - Duties
KW - Hohfeld
KW - Obligations
KW - Law
KW - Networks
KW - Legal Philosophy
U2 - 10.3390/laws7030028
DO - 10.3390/laws7030028
JO - Laws
JF - Laws
Thompson J. The Rights Network: 100 Years of the Hohfeldian Rights Analytic. Laws. 2018 Jul 16;7(3). 28. https://doi.org/10.3390/laws7030028