Mark McBride, ‘The Dual Reality of No-Rights’

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 and Michael Moore by vindicating the existence of Hohfeldian liberties. The Hohfeldian table emerges unmarked.

Mark McBride, The Dual Reality of No-Rights, American Journal of Jurisprudence, volume 66, issue 1, June 2021, pages 39-48, Published: 6 October 2021.

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