Understanding Hohfeld and Formalizing Legal Rights: The Hohfeldian Conceptions and Their Conditional Consequences

Studia Logica 108 (1):129-158 (2020)
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Abstract

Hohfeld’s analysis on the different types of rights and duties is highly influential in analytical legal theory, and it is considered as a fundamental theory in AI&Law and normative multi-agent systems. Yet a century later, the formalization of this theory remains, in various ways, unresolved. In this paper I provide a formal analysis of how the working of a system containing Hohfeldian rights and duties can be delineated. This formalization starts from using the same tools as the classical ones by Kanger and Lindahl used, but instead of focusing on the algebraic features of rights and duties, it aims at providing a comprehensive analysis of what these rights and duties actually are and how they behave and at saying something substantial on Power too—maintaining all along the Hohfeldian intentions that these rights and duties are sui generis and inherently relational.

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References found in this work

Pure theory of law.Hans Kelsen - 1967 - Clark, N.J.: Lawbook Exchange.
Norm and Action: A Logical Enquiry.Georg Henrik von Wright - 1963 - New York, NY, USA: Routledge and Kegan Paul.
A Formal Characterisation Of Institutionalised Power.Andrew Jones & Marek Sergot - 1996 - Logic Journal of the IGPL 4 (3):427-443.
Law and logic.Stig Kanger - 1972 - Theoria 38 (3):105-132.
On the formal representation of rights relations.David Makinson - 1986 - Journal of Philosophical Logic 15 (4):403 - 425.

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