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  1. Hohfeld Vs. The Legal Realists.David Frydrych - forthcoming - Legal Theory.
    2018 marks the centenary of Wesley Hohfeld’s untimely passing. Curiously, in recent years quite a few legal historians and philosophers have identified him as a Legal Realist. This article argues that Hohfeld was no such thing, that his work need not be understood in such lights, and that he in fact made a smaller contribution to jurisprudence than is generally believed. He has nothing to do with theories of official decision-making that identify “extra-legal” factors as the real drivers of judicial (...)
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  2. Rights Modelling.David Frydrych - 2017 - Canadian Journal of Law and Jurisprudence 30 (1):125-157.
    This paper has four aims. First it distinguishes two kinds of philosophical accounts of the ‘formal’ features of rights: models and theories. Models outline the ‘conceptually basic’ types of rights (if indeed a given model deems there to be more than one), their differences, and their relationships with duties, liabilities, etc. Theories of rights posit a supposed ultimate purpose for all rights and provide criteria for determining what counts as ‘a right’ in the first place. Second, the paper argues that (...)
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  3. What We Own Before Property: Hugo Grotius and the Suum.Alejandra Mancilla - 2015 - Grotiana 36 (1):63-77.
    _ Source: _Volume 36, Issue 1, pp 63 - 77 At the basis of modern natural law theories, the concept of the _suum_, i.e. what belongs to the person, has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war. In this essay I focus on Grotius’s account of the _suum_ and examine what it is, what things it includes, what rights it gives rise to, (...)
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  4. Natural Right and the American Imagination.George Anastaplo - 1993 - Review of Metaphysics 47 (1):172-173.