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Abstract

In this paper I bring Hegel's concept of right from the Philosophy of Right to a higher conceptual explication, aiming to rehabilitate it as an alternative to traditional naturalist and positivist conceptions of right. I seek for an answer to the question "what does it mean to have a right?" in Hegel's Philosophy of Right. I question the genesis and locus of right and argue that it is originated in a relation of intersubjective reciprocal recognition, later objectively substantiated in ethical life, through social institutions. From the conclusions that (i) to have a right means to be intersubjectively recognized as bearer of a legitimate claim to something; and that (ii) such intersubjective recognition becomes progressively objective in institutions, I propose the idea of "title of recognition" as definition of the concept of right.

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Alves, Italo

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