Limit Of Rights

Understanding the existence of rights is very important. What are rights on earth? How do they construct themselves, how do they contact with somewhat else? Attempting to set about from limit of rights, I carry on the preliminary discussion to regulation of rights themselves. Using the understanding of limit existing in things on philosophy mainly, I discuss the meaning of limit of rights, analyze why rights have limit, which kinds of limit rights have, how about rights realize their limit, so that I can offer a kind of new visual angle of rights question. Firstly, I have discussed the general meaning about limit. Secondly, I focus on and analyze the meaning about limit from the visual angle of philosophy which helps us to hold the existence of the things fundamentally. Finally, on the foundation of above-mentioned analysis, I differentiate and analyze the usage about limit of rights, and explain how to use this term in this paper. Rights in the paper refer to general rights in stead of special rights, include due rights, legal rights and real rights. Because taking rights concept above-mentioned in broad sense, I use the concept of limit of rights in this meaning: limit of rights is association of factors in certain degree which includes what may influence rights being, such as rights' attribute, function, condition, etc.. Different associations of these factors make rights not only manifest themselves to us, but also distinguish nonego such as power, obligation, morals, etc.; and make rights possibly to exist with different forms of expression, such as the division of rights, the different forms of rights, etc.. Research on limit of rights includes studying the barrier of rights inside legal system and outside legal system. The barrier of rights inside the legal system means rights are related with and oppose to each other and other legal mechanisms, such as power, obligation, etc.; The barrier of rights outside legal system, means rights are related with and oppose to other social phenomena outside law. Research on limit of rights also includes announcing the movement and being of rights, namely rights' creating, confirming, classifying, permeating and separating, so that I can explain due quality, rationality and realities of rights. Why have rights limit? This is one of basic issues of limit of rights we discuss. The most familiar argumentation about limit of rights always start off from relativity of right so that it can prove rights should or in fact have limit. This paper tries to use self-referentially theory of law to make a new answer. I think, limit of rights is the existing dialectically of rights. That rights are just rights, and which kind of extent rights exist in, is absolutely not only decided by the external world, but related with external world by their inherent and external regulation, and receive external factors to represent themselves among connection through themselves. On one hand, rights in rights category come to ponder over themselves, and rights come to "be their component form themselves". On the other hand, rights are not only a kind of closed existence, but also a kind of open existence. Which kinds of limit have rights? The existing theories either explain limit of rights by legal restriction, or by outside-legal thing or situation restriction. They have caught the limit of rights at different respects. However, they have not been well combined because of different theory position, so that we have difficult to hold the question in an all-round way. This paper draws lessons from the open thought by these studies, and discusses all limits of rights from inside and outside law, and state the possible relevancy between these limits. So-called limit of rights inside law mean limit between rights and other law elements. Limit of rights outside law means limit between rights and other factors outside the law. I use Hohfeld's thoery on the concept of right to analyze limit of rights inside law. Because counterpoints of limit of rights outside law are more complicated, and limit needs sh...