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Abstract: Human rights have always played a significant role in modern world. Discussions on human rights have been held in philosophy, legal, political and moral theories. Authors have tried to answer the questions on justification and content of human rights, their conflicts and, by/while doing so, they have neglected the fact that human rights are a kind of subjective rights. The question about subjective right logically preceeds the questions of various sides of subjective rights and requires careful consideration. To find the right answer to this question the current legal bibliography undoubtedly holds the analythical scheme of basic legal terminology the most important as developed by an American legal theorist Wesley Newcomb Hohfeld at the beginning of the 2oth century. This scheme represents a traditional starting point for discussions on rights, L.W. Summer and others). Hohfeld considered the notion «right» to be used imprecisely (ambiguously) and polysémie and designed an incredible innovative scheme of legal contradictions and correlations, which is one of the greatest improvements in the analysis of legal terms.
Key words: theory of rights, legal rights, fundamental legal conceptions, jural relations, analysis of rights, Hohfeld, Wesley N.
INTRODUCTION
This paper is not aimed at determining what rights some person has, but at determining what a right is. My main topic comprises an analytical scheme of jural relations, developed by American jurist Wesley Newcomb Hohfeld at the beginning of the 20th century. This is without a doubt an appropriate starting point to talk about the meaning of a right. Hohfeld's description of relations between various forms of legal entitlements reflects truths on formal features of legal rights. Countless references thereof prove Hohfeld's great influence on analytical jurisprudence.1
Hohfeld's contribution is mostly contained in two articles published in the Yale Law Journal in 1913 and 1917 respectively.2 The one published in 1913 and entitled "Some Fundamental Legal Conceptions as Applied in Judicial Reasoning" is one of the most cited articles in law reviews in general.3 It is important to point out that Hohfeld had not expected the article to be a revolutionary theoretical contribution to the legal science. On the contrary, his motifs had been primarily pedagogic, i.e. he had intended to show that developments in the field of jurisprudence and in the...