Naslov
Usability of Hohfeld's Analysis of Fundamental Legal Concepts While Teaching Continental Law

Autori
Tucak, Ivana

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Current Problems in Legal Theory and in Comparative Law

Urednik/ci
Rebreanu, Veronica

Izdavač
Babes-Bolyai University, Faculty of Law

Grad
Cluj - Napoca

Godina
2012

Raspon stranica
591-622

ISBN
978-606-8245-75-1

Ključne riječi
Hohfeld’s fundamental legal concepts

Sažetak
The analytical scheme of fundamental legal concepts developed by American legal theoretician Wesley Newcomb Hohfeld at the beginning of the 20th century represents today a traditional starting point for discussions about rights in common law references. In Hohfeld’s opinion, the term ’’right’’ was used ambiguously, so he invented a scheme of legal opposites and correlatives which might be considered one of the greatest steps forward regarding the analysis of legal concepts. He differentiated between eight fundamental legal concepts: claim-right, duty, privilege, no-right, power, liability, immunity and disability. Those eight fundamental legal concepts resulted from Hohfeld’s dissatisfaction with the idea that all the legal relations could be reduced to rights and duties. The topic of this paper is the possibility of application of Hohfeld’s analytical scheme, either in its original form or modified, in teaching law in Croatia and in the countries legally and culturally related to her. Since Hohfeld himself insisted that his analysis should be primarily a foundation for practical solutions of legal issues, with an emphasis on teaching law, and only to a lesser extent a philosophical insight, this paper is aimed at showing the usability of Hohfeld’s fundamental legal concepts in resolving practical legal issues, particularly at faculties of law in Croatia and in the countries with similar educational systems. Achievement of this goal is prevented by the fact that Hohfeld focused only on Anglo-American law. His intention was to show that the fundamental legal concepts were truly applied in jurisprudence with respect to the American system of common law. He referred to American recipients, particularly to the students which he found worthy of being introduced with jurisprudence. This leads to a relevant and very current issue: Are legal concepts transferable between cultures? Can Hohfeld’s fundamental legal concepts also be useful to jurists dealing with continental law?

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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