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Wesley Hohfeld A Century Later: Edited Work, Select Personal Papers, and Original Commentaries

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Wesley Hohfeld A Century Later: Edited Work, Select Personal Papers, and Original Commentaries

Name: Wesley Hohfeld A Century Later: Edited Work, Select Personal Papers, and Original Commentaries
Brand: Cambridge University Press
SKU: 9781316642733
Price: 705.19 HKD
Availability: InStock
Author: Shyamkrishna Balganesh; Ted M. Sichelman; Henry E. Smith
ISBN: 9781316642733

Edited by Shyamkrishna Balganesh · Ted M. Sichelman · Henry E. Smith

Cambridge University Press February 2025

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ISBN-13: 9781316642733
Publisher: Cambridge University Press
Publication: February 2025
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Wesley Hohfeld is known the world over as the legal theorist who famously developed a taxonomy of legal concepts. His contributions to legal thinking have stood the test of time, remaining relevant nearly a century after they were first published. Yet, little systematic attention has been devoted to exploring the full significance of his work.

Beginning with a lucid, annotated version of Hohfeld's most important article, this volume is the first to offer a comprehensive look at the scope, significance, reach, intricacies, and shortcomings of Hohfeld's work. Featuring insights from leading legal thinkers, the book also contains many of Hohfeld's previously unseen personal papers, shedding new light on the complex motivations behind Hohfeld's projects. Together, these selected papers and original essays reveal a portrait of a multifaceted and ambitious intellectual who did not live long enough to see the impact of his ideas on the study of law.

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 Fydrych

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

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Wesley Hohfeld A Century Later: Edited Work, Select Personal Papers, and Original Commentaries

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Table of Contents

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