Autor: Daniel Simão Nascimento

Abstract:

Wesley Newcomb Hohfeld was an American jurist who published
a series of articles between 1909 and 1917 that were very important for 20th
century analytical philosophy of right. In these articles, Hohfeld analyzed
how jurists and judges alike use the word ‘right’ to speak of the rights of
groups and individuals. Since he presented his articles, it has been commonplace
among ‘hohfeldian specialists’ to distinguish rights into four groups:
privileges, or claims, powers and immunities. This paper has four sections. In
section I, I present Hohfeld’s notion of privilege and point to a difficulty
that has long been known by specialists, namely, that there are actually two
significantly different legal relations that this notion is supposed to cover. In
section II, I analyze and criticize the way (Wenar 2005) proposes we should
define these two legal relations. In section III, I do the same with suggestion
proposed by (Moritz 1960, 1073). In section IV, I present my own suggestion
about how we should understand them.
 

ISSN: 1414-2236

DOI: https://doi.org/10.5216/phi.v24i1.48949

Texto Completo: https://revistas.ufg.br/philosophos/article/view/48949