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Keeping Hohfeld Simple.

Authors :
McBride, Mark
Source :
Law & Philosophy; Aug2024, Vol. 43 Issue 4, p451-474, 24p
Publication Year :
2024

Abstract

In this paper, I want to engage in, and move forward, a heated contemporary debate over certain normative positions within the well-known Hohfeldian table of legal relations – a table of dramatic explanatory power. After outlining the uncontroversial core of the table, I will leave the realm of uncontroversiality to enter the realm of controversy. I will enter, and stake out a stance in, a debate over the no-right position. Upon introduction of no-rights, a splinter occurs. There are two positions one might take on no-rights, which I call the Strict Hohfeldian and the Dual. My paper offers decisive reason to favour the latter. Lest there be any doubt – arising from the paper's chief focus on no-rights – the conclusion is one of great philosophical significance: by the paper's end, we will, if only at the high level of abstraction at which this paper is pitched, have a complete understanding of Hohfeld's table. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
01675249
Volume :
43
Issue :
4
Database :
Complementary Index
Journal :
Law & Philosophy
Publication Type :
Academic Journal
Accession number :
178484298
Full Text :
https://doi.org/10.1007/s10982-024-09493-5