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Abstract Mark Greenberg has attempted to refute what he regards as a popular metaphysical thesis about how law is constituted. He calls it the “Standard Picture,” and it includes a “Communication Theory.” His own “Moral Impact Theory” of law is built partly on that attempted refutation. I defend...
Abstract As is well known to everyone familiar with the analytical table of legal relationships propounded by the American jurist Wesley Hohfeld, one of the eight positions in the table is that of the no-right. In most discussions of Hohfeld’s overall framework, no-rights have received rather...
Abstract This article explores an axiomatic approach to distinguishing different usages of correlativity and investigates Hurd and Moore’s disagreement with Hohfeldian correlativity, in terms of a choice of axioms. Detailed critical consideration is provided of three negative steps, ascribing...
Abstract The article considers in detail one criticism of an earlier paper of ours advanced by both Matthew Kramer and Andrew Halpin. This is the criticism that the content of deontic statuses (such as rights and duties) does not shift but is identical in truly correlatively-related deontic...
Can a principle demand its own partial abrogation? If so, can this abrogation ever be limited to specific cases or is this abrogation going to consume the original principle in its entirety? This, roughly, is what I take to be the crux of the matter tackled in this very astute and rewarding book...
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