ABSTRACT
More than a century ago, WN Hohfeld offered the most influential analysis of rights to date. However, his classification has rarely been received without criticism. Many of the objections to his framework stem from the longstanding debate between interest and will theories of rights. In this paper, I present an interpretation of Hohfeld’s analysis that emphasises the institutional requirements necessary for it to be fully operative. I also argue that this alternative interpretation avoids the traditional objections raised within the interest vs will theory debate. Finally, I examine the scope of application of Hohfeld’s classification according to my institutional interpretation and discuss the functions it can effectively perform, particularly in light of legal certainty and the demands of the rule of law.
Paulo Baptista Caruso MacDonald, Contextualising Hohfeld’s Analysis of Rights: Legal Relations and the Rule of Law, Ratio Juris. First published: 29 April 2026.
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