Fundamental legal conceptions reconsidered
Fundamental legal conceptions reconsidered
Fundamental legal conceptions are considered in relation to the analytical concerns of Hohfeld and Bentham, and also in relation to the normative concerns of constitutional and common law protection of rights and liberties. The use of a square of opposition to expound fundamental conceptions is rejected in favour of "a triangle of possibilities". It is argued that using this device helps to provide a clearer understanding of which conceptions may appropriately be recognised as analytically fundamental, and in turn avoids confusion over the normative treatment of practical situations that may arise through the designation of legal rights and liberties as "fundamental". In particular, the nature of legal liberties, and the priority accorded to legal rights, are both questioned.
41-54
Halpin, Andrew
3962c672-3c4a-48c1-86fb-bdfd583310b6
January 2003
Halpin, Andrew
3962c672-3c4a-48c1-86fb-bdfd583310b6
Halpin, Andrew
(2003)
Fundamental legal conceptions reconsidered.
Canadian Journal of Law & Jurisprudence, 16 (1), .
Abstract
Fundamental legal conceptions are considered in relation to the analytical concerns of Hohfeld and Bentham, and also in relation to the normative concerns of constitutional and common law protection of rights and liberties. The use of a square of opposition to expound fundamental conceptions is rejected in favour of "a triangle of possibilities". It is argued that using this device helps to provide a clearer understanding of which conceptions may appropriately be recognised as analytically fundamental, and in turn avoids confusion over the normative treatment of practical situations that may arise through the designation of legal rights and liberties as "fundamental". In particular, the nature of legal liberties, and the priority accorded to legal rights, are both questioned.
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Published date: January 2003
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Local EPrints ID: 27876
URI: http://eprints.soton.ac.uk/id/eprint/27876
ISSN: 0841-8209
PURE UUID: 6cc324f3-3356-41ed-abdb-ceadd0daead9
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Date deposited: 19 May 2006
Last modified: 26 Apr 2022 20:41
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Author:
Andrew Halpin
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