Every law student and legal scholar uses Wesley Hohfeld's ideas whether they realize it or not. This collection offers the first comprehensive, single-stop volume to clarify and examine the value, ubiquity, and import of Hohfeld's work. The book also features newly uncovered personal papers from Hohfeld's family.
Inhaltsverzeichnis
Introduction Shyamkrishna Balganesh, Ted Sichelman and Henry E. Smith; Some fundamental legal conceptions as applied in judicial reasoning Ted Sichelman; Selected personal papers of Wesley N. Hohfeld Ted Sichelman; Part I. Philosophy of Jural Relations: 1. Hohfeld on legal language Frederick Schauer; 2. Rights correlativity David Frydrych; 3. Hohfeld and rules Andrew Halpin; 4. Logic and the life of the law (professor): A logocratic lesson from hohfeld Scott Brewer; Part II. Hohfeld and Property: 5. Property's building blocks: Hohfeld in Europe and beyond Anna di Robilant and Talha Syed; 6. The in rem/in personam distinction and conceptual partitioning for persistence Shyamkrishna Balganesh and Leo Katz; 7. Hohfeld and the theory of in rem rights: An attempted mediation Christopher M. Newman; Part III. Hohfeld and Equity: 8. Hohfeld's equity J E Penner; 9. The essential nature of trusts and other equitable interests: Two and half cheers for Hohfeld Ben McFarlane; 10. General and particular jural relations Emily Sherwin; Part IV. Hohfeldian Complexities: 11. Very tight 'bundles of sticks': Hohfeld's complex jural relations Ted Sichelman; 12. Hohfeldian analysis and the separation of rights and powers John C. P. Goldberg and Benjamin C. Zipurskyi; 13. Immunity rules John Harrison; 14. Scaling up legal relations Andrew S. Gold and Henry E. Smith; Part V. Hohfeld and Society: 15. Hohfeldian analysis, liberalism and adjudication (some tensions) Pierre Schlag; 16. The contingent politics of legal formalism Aditi Bagchi; 17. Religious liberty & public accommodations: What would Hohfeld say? Joseph William Singer; 18. Wesley Newcomb Hohfeld, on the difficulty of becoming a law professor John Henry Schlegel.