Javascript must be enabled to continue!
On kno-rights and no-rights
View through CrossRef
This article joins a debate over no-right previously conducted with Matthew Kramer and more recently joined by Mark McBride, in defence of Kramer. My disagreement with Kramer centres on his assertion that the relationship between claim-right and no-right involves logical duals rather than contradictories, as Hohfeld proposed. That position is tied to Kramer’s view that no-right and liberty must have the same content as correlatives. McBride has attacked my rejection of Kramer’s use of duals as being erroneous and an impediment to understanding the Hohfeldian analytical framework, including the role of correlativity. I reject here McBride’s efforts to technically rescue Kramer’s use of duals and to vindicate that use as being essential for an intelligible explanation of the complete Hohfeldian framework. I argue that the representation of claim-right and no-right as duals remains erroneous, making the Hohfeldian framework unworkable. Within that argument, I draw attention to the distinct concepts of Hohfeldian no-right and Kramerian kno-right; question the complicated steps introduced by McBride to establish a test demonstrating the duality of kno-right; and, taking kno-right and two instances of no-rights as distinct positions on a deontic hexagon, demonstrate the inability of kno-right to operate within a framework of Hohfeldian correlatives.
Title: On kno-rights and no-rights
Description:
This article joins a debate over no-right previously conducted with Matthew Kramer and more recently joined by Mark McBride, in defence of Kramer.
My disagreement with Kramer centres on his assertion that the relationship between claim-right and no-right involves logical duals rather than contradictories, as Hohfeld proposed.
That position is tied to Kramer’s view that no-right and liberty must have the same content as correlatives.
McBride has attacked my rejection of Kramer’s use of duals as being erroneous and an impediment to understanding the Hohfeldian analytical framework, including the role of correlativity.
I reject here McBride’s efforts to technically rescue Kramer’s use of duals and to vindicate that use as being essential for an intelligible explanation of the complete Hohfeldian framework.
I argue that the representation of claim-right and no-right as duals remains erroneous, making the Hohfeldian framework unworkable.
Within that argument, I draw attention to the distinct concepts of Hohfeldian no-right and Kramerian kno-right; question the complicated steps introduced by McBride to establish a test demonstrating the duality of kno-right; and, taking kno-right and two instances of no-rights as distinct positions on a deontic hexagon, demonstrate the inability of kno-right to operate within a framework of Hohfeldian correlatives.
Related Results
On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash
ABSTRACT
In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
Bioethics-CSR Divide
Bioethics-CSR Divide
Photo by Sean Pollock on Unsplash
ABSTRACT
Bioethics and Corporate Social Responsibility (CSR) were born out of similar concerns, such as the reaction to scandal and the restraint ...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash
Abstract
This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)
Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)
531Human rights — Rights of women in Northern Ireland — Pregnant women and girls — Autonomy and bodily integrity — Right to respect for private and family life — Rights of persons ...
A Review of the Constitutional Court's Use of International Human Rights Norms
A Review of the Constitutional Court's Use of International Human Rights Norms
Since the World War, international cooperation has been made to preserve the peace and interests of the human community, and representative results include the creation of internat...
China's Practices in Human Rights
China's Practices in Human Rights
Human rights used to be a sensitive topic in China. Before 1991, the Chinese government rarely took the initiative to participate in the formulation of international human rights r...
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950 — Article 2 of Convention — Human Rights Act 19...
Kernel Weight Increase in Response to Decreased Kernel Number in Sorghum
Kernel Weight Increase in Response to Decreased Kernel Number in Sorghum
AbstractProcesses involved in the increase of individual kernel weight (KWT) in sorghum [Sorghum bicolor (L.) Moench] in response to reduced kernel number per panicle (KNO) have no...

