Journal Name: The American Journal of Jurisprudence

Volume Number: 66

Issue Number: 1

Abstract:

In a fascinating recent debate in the pages of this journal, several legal philosophers have clashed over the very existence and nature of the deontic position of Hohfeldian no-rights. While the debate has many strands, and has become increasingly intricate, I want to focus on one—or, the—central strand, a strand the importance of which cannot sensibly be questioned. Countering Andrew Halpin, I shall vindicate the dual nature of the claim-right/no-right relation, recently articulated by Matthew Kramer. In so doing, I go far beyond anything Kramer has currently ventured. Ultimately, then, I am countering Heidi Hurd & Michael Moore by vindicating the existence of Hohfeldian liberties. The Hohfeldian table emerges unmarked.