NDLI: A Hohfeldian Analysis of Hobbesian Rights

Content Provider	Springer Nature Link
Author	Yates, Arthur
Copyright Year	2012
Abstract	This paper has a threefold purpose: first, to criticize the customary application of Hohfeld’s theory of rights to Hobbes’s juridical/political theory that reduces all Hobbesian rights to Hohfeldian privileges; second, to defend the appropriateness of a proper application of a Hohfeldian analysis of rights to Hobbes’s theory by responding to criticisms offered by Eleanor Curran; and, lastly, to reveal the value a Hohfeldian analysis offers in clarifying a Hobbesian right that has been generally misunderstood in the literature. I argue that a Hohfeldian analysis helps make sense of the complex juridical relationships between the sovereign, the perpetrator of crime, and the victim of crime involved in Hobbes’s treatment of the sovereign’s right to punish.
Starting Page	405
Ending Page	434
Page Count	30
File Format	PDF
ISSN	01675249
Journal	Law and Philosophy
Volume Number	32
Issue Number	4
e-ISSN	15730522
Language	English
Publisher	Springer Netherlands
Publisher Date	2012-07-15
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Philosophy of Law Theories of Law, Philosophy of Law, Legal History Social Sciences Political Science Logic
Content Type	Text
Resource Type	Article
Subject	Philosophy Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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A Hohfeldian Analysis of Hobbesian Rights