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Casting the light of the theory of opposition onto Hohfeld's fundamental legal concepts

  • João Alberto De Oliveira Lima
  • , Cristine Griffo
  • , João Paulo A. Almeida
  • , Giancarlo Guizzardi
  • , Marcio Iorio Aranha

Research output: Contribution to journalArticleAcademicpeer-review

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Abstract

At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight fundamental concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.

Original languageEnglish
Pages (from-to)2-35
Number of pages34
JournalLegal Theory
Volume27
Issue number1
DOIs
Publication statusPublished - 25 Jun 2021

Keywords

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