Hohfeldian Infinities: Why Not to Worry

Abstract

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This discussion addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. Second, the alleged problems that this might pose for the analysis are discussed. Finally, the point is made that infinite recursions of legal positions ensue regardless of whether inalienable rights exist or not.

Keywords: Wesley Newcomb Hohfeld, inalienable rights, infinite regress, will theory, interest theory

JEL Classification: K4, K49