Hohfeldian Liberties

Abstract

This chapter examines the bilaterality, or bilateral structure, of Hohfeldian jural relations, and Hohfeld’s ‘disambiguation project’, that is, his project to ensure that the ambiguous term ‘right’ can be revealed to show that it covers four different sorts of ‘right’: right–duty, liberty–no right, power–liability, and immunity–disability. Consequently, according to Hohfeld, there being a right is necessary and sufficient to there being a duty and vice versa. The chapter discusses how this disambiguation of the term assists in legal, particularly judicial, reasoning. It then criticizes Hohfeld’s characterization of liberties, in particular showing that Hohfeld mischaracterized those areas of human conduct not regulated by law or morality.