재산권의 권리관계 : 법철학적 斷想들

The Right Relations to Property Rights: Fragmental Ideas in Legal Philosophy Kim, Yeon-MiThis paper is concerned about the relational aspects of property rights which are dealt with the aspects of legal philosophy and positive law in liberalism. In liberal nations, people think that property right is often like to private property. The concept of property has been elucidated in the bundle of rights, the system of rights. Many problems about property rights are connected with the scarcity of resources, concerned with their allocation. Their scarcity is the problem of distributive justice in legal and political philosophy. I treat the limitaiton and restriction on the property right through the analytical and conceptual relation to right in terms of Hohfeldian terminologies, claim-duty, privilege-no-right, power-liability, and immunity-disability, the difference between in rem right and in personam right.Hohfeldian theory of rights is the key to solve the problem of the restriction on the property rights. The Authors such as A.M. Honor and J. Waldron, and so on think that the difference between in rem and in personam is important to recognizing the correation to right-duty.