Hohfeld Without Rights

Philip Marcus wrote his Thesis for his Master’s degree in Law at Haifa University in 2007 on the subject of “Hohfeld Without Rights”.

The objective of Thesis was to show that the word “right” has taken on meanings far from the original meaning of the word – correct, proper, deserved – and as a result legal analysis has been distorted.  After a historical and philological survey, and a critical view of the rights discourse now current, the Thesis shows that the Jewish legal system, as a comprehensive system of law, does not have any need of the term “rights” in its modern sense, being based on duties and obligations, and provides an example of an alternative method of legal analysis.

Click here for an Abstract of the Thesis and click here for the full Thesis (PDFs).