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

Edited by: Shyamkrishna Balganesh, Ted M. Sichelman, Henry E. Smith

ISBN13: 9781107192881
To be Published: July 2022
Publisher: Cambridge University Press
Country of Publication: USA
Format: Hardback
Price: £120.00



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.

Subjects:
Legal History, Jurisprudence
Contents:
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