Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships
This chapter provides a lengthy exposition of the analysis of legal and moral positions that was propounded by Wesley Hohfeld somewhat over a century ago. It rigorously explores every aspect of Hohfeld’s analytical matrix, while also amplifying Hohfeld’s insights by showing that his matrix needs to...
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| Format: | Online |
| Language: | English |
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Oxford University Press
2024
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| Online Access: | https://library.oapen.org/handle/20.500.12657/94128 |
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| _version_ | 1869524648272592896 |
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| author | Kramer, Matthew H. |
| author_browse | Kramer, Matthew H. |
| author_facet | Kramer, Matthew H. |
| author_sort | Kramer, Matthew H. |
| collection | Directory of Open Access Books |
| description | This chapter provides a lengthy exposition of the analysis of legal and moral positions that was propounded by Wesley Hohfeld somewhat over a century ago. It rigorously explores every aspect of Hohfeld’s analytical matrix, while also amplifying Hohfeld’s insights by showing that his matrix needs to be supplemented with several types of logical quantification. The four main entitlements delineated by Hohfeld (claim-rights, liberties, powers, and immunities) are probed sustainedly, as are the four main correlative positions (duties, no-rights, liabilities, and disabilities). The chapter likewise wards off many objections that have been leveled against the Hohfeldian analysis by critics of sundry stripes. It also recounts the several basic respects in which analyses of legal relationships differ from analyses of moral relationships. |
| format | Online |
| id | doab-20.500.12854ir-146917 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Oxford University Press |
| publisherStr | Oxford University Press |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1469172024-10-31T04:28:23Z Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships Kramer, Matthew H. Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy This chapter provides a lengthy exposition of the analysis of legal and moral positions that was propounded by Wesley Hohfeld somewhat over a century ago. It rigorously explores every aspect of Hohfeld’s analytical matrix, while also amplifying Hohfeld’s insights by showing that his matrix needs to be supplemented with several types of logical quantification. The four main entitlements delineated by Hohfeld (claim-rights, liberties, powers, and immunities) are probed sustainedly, as are the four main correlative positions (duties, no-rights, liabilities, and disabilities). The chapter likewise wards off many objections that have been leveled against the Hohfeldian analysis by critics of sundry stripes. It also recounts the several basic respects in which analyses of legal relationships differ from analyses of moral relationships. 2024-10-31T04:28:22Z 2024-10-31T04:28:22Z 2024-10-30T10:49:10Z 2024 chapter https://library.oapen.org/handle/20.500.12657/94128 9780198891222 https://directory.doabooks.org/handle/20.500.12854/146917 eng open access image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/94128/1/9780198891222.pdf Oxford University Press Rights and Right-Holding 10.1093/oso/9780198891222.003.0002 10.1093/oso/9780198891222.003.0002 db4e319f-ca9f-449a-bcf2-37d7c6f885b1 63080db4-8a4a-4ab7-8d9e-98bc98eedc2c 9780198891222 83 Oxford open access |
| spellingShingle | Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy Kramer, Matthew H. Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships |
| title | Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships |
| title_full | Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships |
| title_fullStr | Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships |
| title_full_unstemmed | Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships |
| title_short | Chapter 2 The Hohfeldian Analysis of Legal and Moral Relationships |
| title_sort | chapter 2 the hohfeldian analysis of legal and moral relationships |
| topic | Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy |
| topic_facet | Hohfeldian analysis, claim-rights, duties, liberties, no-rights, powers, liabilities, immunities, disabilities, logical quantification thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTQ Ethics and moral philosophy |
| url | https://library.oapen.org/handle/20.500.12657/94128 |
| work_keys_str_mv | AT kramermatthewh chapter2thehohfeldiananalysisoflegalandmoralrelationships |