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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. - pages cm

Includes bibliographical references and index.

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

"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"--

ISBN: 9781107192881

LCCN: 2021027186

Subjects--Personal Names:
Hohfeld, Wesley Newcomb, 1879-1918 --Influence.

Subjects--Topical Terms:
Law--United States.
Law Teachers - Infuence--United States.

LC Class. No.: KF373.H574 / W47 2022

Dewey Class. No.: 340.092 BAL