Ivana Tucak, ‘Bentham’s Analysis of Legal Rights’

Topic of this paper is Bentham’s analysis of legal rights. The paper is divided into several parts. The first section deals with the features of Bentham’s imperative theory of law. The second section is entitled ‘legal fictions’ and expounds the general methodology which was utilized by Bentham to designate the meaning of terms. The third section relates to Bentham’s division of laws or mandates and indicates the advantages of his imperative theory with respect to John Austin’s theory. The fourth section is divided into two subsections. The first subsection refers to a critical overview of Bentham’s analysis of the concept of rights. The second subsection includes a comparison between Bentham’s analysis of the concept of rights with the analysis developed by WN Hohfeld at the beginning of the 20th century. The final section of the paper caters for final assessment of Bentham’s analysis of rights and its lasting influence on jurisprudence.

Tucak, Ivana, Bentham’s Analysis of Legal Rights (May 2, 2019) in Tibor Nochta and Gabor Monori (eds), Ius est ars : ummepi tanulmanyok Visegrady Antal professzor 65. szuletesnapja tiszteletere, Pécsi Tudományegyetem, Pecs, 2015, pp. 509-526.

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