Glosas del discurso legal acerca de derechos subjetivos

Abstract

The present work starts off with sorne general considerations about the traditional view on rights, dissected into eight theses. Next, the theory of the Scandinavian realists, who represent the most radical opposition to such traditional view, is discusaed, althourh it is worthwhile pointing out that those authors do not reject all the theses that make up tbe traditional view as a whole. Subsequently, the author expresses his opinion about the above-mentioned theses, sometimes supporting the criteria of one side, sometimes those of the other side. However, there are also occasions in which the author backs up a thesis shared by both views, and even others when he expresses discrepancies with theses supported by both views. The latter is precisely what happens with the most important thesisa of all, namely the one according to which the expressions of rights are names or terms. Contrary to this claim, the author suggests contemplating the expressions of rights not in isolation, but as part of the legal sentences in which they appear. The issue at hand is precisely to gloss over the legal sentences that contain expressions of rights. This procedure allows for the deletion or solution of the manifold problems that emerge when analysing those expressions.