Vol 21 No 1 (2021)
Allgemeine Theorie der Normen 1979-2019

El concepto de derecho subjetivo. Las diversas caras de un concepto poliédrico

Published November 12, 2021

Abstract

The purpose of this paper is to confront the conception of rights defended by Kelsen in his General Theory of Norms with the approaches defended by Hohfeld, Hart, and Dworkin. In my opinion, the contrast between Kelsen’s conception about rights and the proposals of these other three authors can help us to better understand why the assumption of certain theoretical presumptions regarding the nature of law commits Kelsen to the adoption of a certain strategy on clarifying the concept of rights. Also, this contrast between conceptions of rights will allow me to defend the idea that a right is a polyhedral concept, as well as to put forward a proposal on the main planes that should integrate its analysis.