Mark McBride, ‘Keeping Hohfeld Simple’, 43 Law and Philosophy 451 (2024). There is renewed interest in the categorization of fundamental legal relations offered by Wesley Newcomb Hohfeld. McBride’s article is about the two problem children among the Hohfeldian relations – the liberty and, especially, the no-claim. Although his article is technical, it has significant consequences concerning our understanding of the nature of permissions (legal and moral). Before introducing his argument – and the fascinating larger debate within which it is situated – a Hohfeldian primer is needed … (more)
[Michael Green, JOTWELL, 12 March 2025]
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