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Wesley Hohfeld a century later : edited work, select personal papers, and original commentaries

Title
Wesley Hohfeld a century later : edited work, select personal papers, and original commentaries / edited by Shyamkrishna Balganesh, Columbia Law School, Ted M. Sichelman, University of San Diego School of Law, Henry E. Smith, Harvard Law School.
ISBN
9781107192881
1107192889
9781108131742
Publication
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.
Copyright Notice Date
©2022.
Physical Description
xx, 532 pages : illustrations ; 24 cm.
Summary
"Introduction Hohfeld at the Crossroads Shyamkrishna Balganesh, Ted M. Sichelman & Henry E. Smith In the century or so after the untimely death of Wesley Newcomb Hohfeld, his ideas have been a source of inspiration for widely divergent streams of legal scholarship. More generally, the nature of his ideas and the circumstances of his life have placed him at the crossroads of many currents of legal and social thought, making him a (somewhat fortuitously) pivotal figure in legal theory. And after all the many explications and applications of his framework, it is as fresh and in many ways as enigmatic as on the day he left it in its unfinished state. Hohfeld wrote at a time when the natural rights paradigm was beginning to become hollowed out and increasingly - if not entirely accurately - regarded as empty formalism. Hohfeld himself was a conceptualist, and he meant his scheme of jural relations as a rational reconstruction of concepts on a more articulated basis. Building on predecessors like Ernst Bierling and John Salmond, in his landmark work, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning"-- Provided by publisher.
Other formats
Online version: Wesley Hohfeld a century later Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022
Format
Books
Language
English
Added to Catalog
August 29, 2022
Bibliography
Includes bibliographical references and index.
Contents
Introduction / Shyamkrishna Balganesh, Ted Sichelman & Henry E. Smith
Hohfeld on legal language / Frederick Schauer
Rights correlativity / David Fydrych
Hohfeld and rules / Andrew Halpin
Logic and the life of the law (professor) : a logocratic lesson from Hohfeld / Scott Brewer
Property's building blocks : Hohfeld in Europe and beyond / Anna di Robilant and Talha Syed
The in rem/in personam distinction and conceptual partitioning for persistence / Shyamkrishna Balganesh and Leo Katz
Hohfeld and the theory of in rem rights : an attempted mediation / Christopher M. Newman
Hohfeld's Equity / J E Penner
The essential nature of trusts and other equitable interests : two and half cheers for Hohfeld / Ben McFarlane
General and particular jural relations / Emily Sherwin
Very tight 'bundles of sticks' : Hohfeld's complex jural relations / Ted Sichelman
Hohfeldian analysis and the separation of rights and powers / John C. P. Goldberg and Benjamin C. Zipursky
Immunity rules / John Harrison
Scaling up legal relations / Andrew S. Gold and Henry E. Smith
Hohfeldian analysis, liberalism and adjudication (some tensions) / Pierre Schlag
The contingent politics of legal formalism / Aditi Bagchi
Religious liberty & public accommodations : what would Hohfeld say? / Joseph William Singer
Wesley Newcomb Hohfeld, on the difficulty of becoming a law professor / John Henry Schlegel.
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