The Legal Positioning of the Concept of Power——Concurrently on the paradigm of legal interest analysis in the era of globalization
Owing to the phenomenon of polysemy with the term"right"identical in form but different in substance contextually,and confined by the broad interpretation of"capacity",people often only perceive the commonality between power and rights while overloo-king their disparities.The interchangeability of power and rights under certain conditions has led to a long-standing misconception,with"power"being erroneously conflated or ascribed to"rights".The increasing refinement of legal thinking and,the continuous differenti-ation of legal concepts,the political demand and consensus to confine power in institutional cages,as the soul of modern rule of law,the essence of modern rule of law embodied in"rights-based principle"can only truly manifest their significance and essence when"power"is recognized as independent from"rights"and embedded within a fourfold framework of"right—power—duty—responsi-bility".These factors determine the necessity for the concept of power to become an independent category of law.The analytical legal schema of Salmond and Hohfeld,although somewhat trivial and paradoxical,for the first time systematically sorted out the core catego-ries of legal analysis and research,more adequately distinguishing"power"and"rights",and initially realizing the ontological status of"legal interest",thus laying the foundation for us to construct a paradigm of legal interest analysis in the era of globalization.If the analysis method of"right—power—obligation—responsibility"mainly serves legal practice,then delving into the legal ontology and the relatively complex analysis paradigm of legal interest mainly focuses on the systematic theoretical construction and logical self-con-sistency testing of Jurisprudence.
powerrightsthe paradigm of legal interest analysis