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Keeping Hohfeld Simple.
- 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]
- Subjects :
- PHILOSOPHY
NORMATIVITY (Ethics)
LAW
RIGHTS
JURISPRUDENCE
Subjects
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