Affiliation:
1. Professor of Law and Director of the Centre for Legal Theory, Faculty of Law, National University of Singapore
Abstract
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 theoretical positions to Hohfeld that Hurd and Moore wish to amend or depart from; and three positive steps taken towards vindicating their stated objectives of avoiding moral combat and providing recognition to active rights. The conclusion is reached that the actual state of any normative system, moral or legal, can best be captured by the finer-grained analysis of correlativity found within Hohfeld’s scheme of analysis. Supplementary discussion is provided on the role of Hurd’s “Correspondence Thesis” within a correlativity axiom for permission (liberty/privilege); the relationship between the correspondence thesis and a set of compossible rights; the compatibility between a logic of correlativity and deontic logic; and, the relationship between moral and legal normative systems, or, our perceptions of them.
Publisher
Oxford University Press (OUP)
Cited by
6 articles.
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