On the formal representation of rights relations. Remarks on the work of Stig Kanger and Lars Lindahl
This paper discusses the formal representation of different kinds of ''rights relation'', developed by Stig Kanger and Lars Lindahl out of the classical work of Hohfeld. The comments fall under four main heads. (1) A suggestion for a notation by which the family of all possible kinds of ''rights relation'' between two parties, as defined by Kanger or as refined by Lindahl, can be represented in one fell swoop. (2) A comparison of the 'deontic' family, made up of relations of permission, prohibition, obligation and so forth, with the ''legally capacitative'' family, composed of relations of legal empowerment, disability and the like. (3) A general discussion of the advisability of seeking to incorporate in the formal representation the notion of 'interference', which figures prominently in Hohfeld's conceptualization setting out the reasons why, in the author's view, Kanger and Hohfeld were well-advised not to undertake such a task. (4) An evaluation of the extent to which the approach of Kanger and Lindahl fails to model the notion of a counterparty to a rights relation, and thus fails to capture full relationality as envisaged by Hohfeld. The author gives a suggestion as to how bearers and counterparties might be suitably indexed in a formal representation, and discuss some of the logical principles that seem to hold, and fail, for the indexed notions.
scientific article; zbMATH DE number 3976990