The Substantive Approach to Systematizing Hohfeld's Fundamental Legal Conceptions——Interpretation of Some Fundamental Legal Conceptions Applied in Judicial Reasoning
The Substantive Approach to Systematizing Hohfeld's Fundamental Legal Conceptions——Interpretation of Some Fundamental Legal Conceptions Applied in Judicial Reasoning
Hohfeld extracted fundamental legal conceptions for complex legal interest analysis from judicial practice,focusing on right and power.He elaborated on the internal relationships between the two concept matrices of"right,privilege,duty,no-right"and"power,immunity,liability,disability",based on relevant and opposite logical clues,but he did not explain the relationship between the two concept matrices.Scholars often try to supplement and interpret the unaccomplished parts of Hohfeld's theory from Hart's legal rules theory.However,Hart's theory of legal rules is not compatible with Hohfeld's theory of fundamental legal conceptions,and it is not a natural legal view for interpreting Hohfeld's theoretical system.The right way to solve the theoretical difficulties left by Hohfeld should be to study the characteristics of his theoretical system itself,not only on its adherence to basic logical laws,but also the ideas on adjusting substantive interests and the recognition of legitimate values.Only with these substantive contents can we provide a relatively complete interpretation of his fundamental legal conceptions system.
关键词
基本法律概念/体系化/法律利益/实质利益/正当性
Key words
Fundamental Legal Conception/Systematization/Legal Interest/Substantial Interest/Legitimacy
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