Keeping Hohfeld Simple

Law and Philosophy 43 (4):451-474 (2024)
  Copy   BIBTEX

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.

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 101,297

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Analytics

Added to PP
2024-07-03

Downloads
24 (#916,108)

6 months
15 (#212,111)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Mark McBride
National University of Singapore

Citations of this work

No citations found.

Add more citations

References found in this work

The Nature of Rights.Leif Wenar - 2005 - Philosophy and Public Affairs 33 (3):223-252.
Theories of rights.Alon Harel - 2004 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Malden, MA: Wiley-Blackwell. pp. 191–206.
Rights theory.George W. Rainbolt - 2006 - Philosophy Compass 1 (1):11–21.
Right-based morality and hohfeld's relations.Hugh Upton - 2000 - The Journal of Ethics 4 (3):237-256.
Rights: Beyond interest theory and will theory? [REVIEW]Rowan Cruft - 2004 - Law and Philosophy 23 (4):347 - 397.

Add more references