Dear Christian-Emil and Robert,
Perhaps the Institutional Theory of Law has ideas to come up with an answer
to your question and to the question that started this thread.
Influenced by the Philosophy of Language, by J. Searle and J. Austin, the
legal neo-institutionalism brought new light to the concept of "legal
institution". According to Neil MacComick, "a 'institution of law' is a
legal concept which are regulated by sets of institutive, consequential and
terminative rules" ("Enn Normative Description" isA "E29 Design of
Procedure") "with the effect that instances of them are properly said to
exist over a period of time, from the occurrence of an institutive act or
event until the occurrence of a terminative act or event" (so, "Enn Legal
Institution" is a "E4 Period").
The term "right" has a semantic overload. It is necessary to differentiate
"right-claim/duty" as an atomic relation between two people (in the
hohfeldian sense) as well as "right" as an instance of a legal institution
(ex: property right). Property right consists of a bunch of atomic rights
(claims, power, immunity, privileges).
Kind Regards,
João Alberto de Oliveira Lima
