{"title":"从直接义务到权利","authors":"Rowan Cruft","doi":"10.1093/oso/9780198793366.003.0006","DOIUrl":null,"url":null,"abstract":"Chapter 6 explains how the foregoing chapters—with their focus on the analysis of directed duties—generate an analysis of Hohfeldian claim-rights, and how this analysis relates to the other forms of rights within Hohfeld’s taxonomy: privileges, powers, and immunities. The idea that claim-rights are enforceable directed duties is criticized, and the conceptual primacy of directed duties is explained. The chapter ends with a summary of the position developed through Chapters 2–6, which together constitute Part I of the book: the conceptual part arguing that rights are fundamentally ‘Addressive’ duties.","PeriodicalId":441247,"journal":{"name":"Human Rights, Ownership, and the Individual","volume":"152 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"From Directed Duties to Rights\",\"authors\":\"Rowan Cruft\",\"doi\":\"10.1093/oso/9780198793366.003.0006\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Chapter 6 explains how the foregoing chapters—with their focus on the analysis of directed duties—generate an analysis of Hohfeldian claim-rights, and how this analysis relates to the other forms of rights within Hohfeld’s taxonomy: privileges, powers, and immunities. The idea that claim-rights are enforceable directed duties is criticized, and the conceptual primacy of directed duties is explained. The chapter ends with a summary of the position developed through Chapters 2–6, which together constitute Part I of the book: the conceptual part arguing that rights are fundamentally ‘Addressive’ duties.\",\"PeriodicalId\":441247,\"journal\":{\"name\":\"Human Rights, Ownership, and the Individual\",\"volume\":\"152 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-09-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Human Rights, Ownership, and the Individual\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/oso/9780198793366.003.0006\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Human Rights, Ownership, and the Individual","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198793366.003.0006","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Chapter 6 explains how the foregoing chapters—with their focus on the analysis of directed duties—generate an analysis of Hohfeldian claim-rights, and how this analysis relates to the other forms of rights within Hohfeld’s taxonomy: privileges, powers, and immunities. The idea that claim-rights are enforceable directed duties is criticized, and the conceptual primacy of directed duties is explained. The chapter ends with a summary of the position developed through Chapters 2–6, which together constitute Part I of the book: the conceptual part arguing that rights are fundamentally ‘Addressive’ duties.