Review On Hohfeld's Analysis Of Rights

Hohfeld's analysis of rights is a landmark in the history of legal thought. I propose to explicate the significance of Hohfeld's scheme by introducing his thought and comparing it with other legal theories of rights. This will demonstrate that Hohfeld's analysis is a wonderful and powerful tool in the analysis of law and legal terminology and that Hohfeld established perhaps the basis of a theoretical approach to the analysis of fundamental legal conceptions. This article aims at illuminating and explaining Hohfeld's analysis of legal rights so as to gain the recognition of legal rights. In this paper, we mainly talk about Hohfeld's theoretical contribution and his analysis'influence on later analytical legal theories, including the conclusion and analysis of defenders and opponents of Hohfeld's analysis. Hohfeld's scheme of analysis offers a map of the relationships that make up law. This article attempts to show that to what extent it is possible for them to be regarded as the fundamental legal conceptions identified in Hohfeld's analysis, and that in what way Hohfeld's analysis lends support to the possibility of the interest theory of rights. Furthermore, pursuant to Hohfeld's analysis, we can get the knowledge that talk of rights cannot simply be reduced to particular jural relationships between particular persons and that rights can also be operated to organize and generate such relationships.I will begin in Partâ… by describing Hohfeld's system of definitions of legal conceptions and their relationships. Hohfeld's solution to this problem was to clearly identify the basic legal conceptions which are usually described by the use of the term right, and then to distinguish between these conceptions by using very specific terms to express them. In order to distinguish these basic conceptions, he first defined them and then arranged them in pairs of opposites and correlatives. Hohfeld identified such conceptions as the following:right, duty, privilege, no-right , power, liability, immunity and disability. Hohfeld proceeded to arrange these conceptions in terms of opposites and correlatives in order to illustrate clearly how they differed in terms of their legal implications and how in some cases they specially contradict each other. The relationship between the basic rights and their counterparts can be explained as the below : jural correlatives, jural opposites and jural...