Rights, Abstraction, and Correlativity

Legal Theory 29 (2):122-150 (2023)
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Abstract

I survey several counterexamples (by Raz and MacCormick) to Hohfeld's conjecture that a claim-right is correlative to a directed duty and (by Cornell and Frick) to Bentham's suggestion that a claim-right is correlative to a wronging. We can vindicate these claims of correlativity if we acknowledge that entitlements like claim-rights and directed duties admit of degrees of abstraction: that they may be general rather than specific, unspecified rather than specified, or indefinite rather than definite. I provide an error theory consisting in linguistic and practical reasons for why we articulate normative incidents in ways that threaten correlativity. And I deny that abstraction imposes a heavy metaphysical cost on rights theory, though I leave open whether abstraction excludes certain explanatory accounts of rights such as the interest theory or will theory.

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Respect and the Basis of Equality.Ian Carter - 2011 - Ethics 121 (3):538-571.
Rights.Frances M. Kamm - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
Does it matter whether we do wrong?Adam Kadlac - 2015 - Philosophical Studies 172 (9):2279-2298.

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