The historical development of theories regarding subjective rights and the theoretical contributions provided by Hohfeld

Abstract

Reviewing traditional theories regarding subjective rights is an essential condition in order to propose theoretical contributions to the concept of subjective rights. In this sense, this paper initially presents the existing theoretical framework as well as the contrary views on the subject and also acknowledges a dual set of values based on entitlement and duty, whose nature not only is abstract, but also does not provide answers for new situations arising from the contemporary legal practice. In order to contribute with new elements to the theoretical framework of the subject, the paper presents multiple concepts of subjective rights developed by Hohfeld in light of common law tradition, which are still unexplored from a perspective based on Roman- Germanic legal systems.