Correlativity and Its Logic: Asymmetry not Equality in the Law

Canadian Journal of Law & Jurisprudence, Vol. XXXII, No. 1 (February 2019) pp. 83-108

Posted: 18 Jun 2019

See all articles by Andrew Halpin

Andrew Halpin

National University of Singapore (NUS) - Faculty of Law

Date Written: February 2019

Abstract

This article provides a scheme of intelligibility for correlativity, recognising its importance for analytical and normative aspects of legal relations. It considers a variety of types of normative correlativity, investigates the logic of correlativity, and distinguishes three forms of correlation involving legal rights. It undertakes careful re-examination of Aristotelian texts to reveal neglected or misrepresented insights, restores certain Hohfeldian distinctions, and argues for a more complicated relationship between correlativity and reciprocity than previously acknowledged. Specific sections employ the scheme to provide critiques of Weinrib’s use of correlativity in his understanding of private law as corrective justice, and Zylberman’s amalgam of reciprocal correlativity in his non-instrumental view of human rights. A brief concluding section notes the deep asymmetry of law and suggests an understanding of corrective justice based on asymmetry rather than equality. More speculatively, it raises doubts about the core conviction of Kantian thinking on legal and social relationships.

Suggested Citation

Halpin, Andrew, Correlativity and Its Logic: Asymmetry not Equality in the Law (February 2019). Canadian Journal of Law & Jurisprudence, Vol. XXXII, No. 1 (February 2019) pp. 83-108 . Available at SSRN: https://ssrn.com/abstract=3401312

Andrew Halpin (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

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