Dynamic Legal Relations Between Persons in Need of Passive Assistance (Needy) and Parties Unwilling to Provide that Assistance (Intolerant). Balance of the Discussion on Rights of Necessity and Duties to Abstain from Resisting

Abstract

The text is an assessment of the central discussion of Discusiones 7, related to the existence of rights of necessity and toleration-duties. Firstly, the domain of discussion and the thesis which are debated are briefly showed. Secondly, some proposals about the constitution of duties and the attribution of responsibility that may support Jesús Maria Silva Sánchez’s thesis are analyzed. Specifically, interpersonal conceptions about responsibility and Hegelian conceptions about the justification of legal duties are considered. Lastly, the consequences of some criticisms, part of the original discussion, are analyzed. In particular, criticisms about the identification of legal duties; the wayin which the Hohfeldian framework is utilised and; the role played bysome ideas that link the normative with the factual.