معرفي و بسط نظريه تحليلي هوفلد از حق و كاربرد آن در زمينه حقوق كودك

INTRODUCTION AND ELABORATION OF HOHFELD S APPLICATION IN AREA OF CHILDREN RIGHTS

The main concern of this paper is to provide an analytic tool, as a heuristic device, in "rights domain". In this regard, Hohfeldian conceptual framework, from a methodological point of view, is introduced. This framework typifies rights and their logical, "correlatives" and "opposites". At first, The Structure of this framework is presented. Then, based Upon five criteria of: "duty holder", "focus of right activity", "right composition", "right weight" and "time order of right", an effort has been made to Upgrade analytic capability of this framework. In third section, application of this elaborated framework, concerning with the analysis of the structure of rights and their "elements" and "relations", in two areas of "child custody" and "Universal Declaration of Children Rights" is illustrated. Finally employment of this thinking tool in four area of "judicial", "legislative" and "legal inquiry" is briefly suggested.