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My seditious heart: Collected non-fiction

By: Contributor(s): Publisher: Haryana, India Penguin Random House 2019Description: xxv 993 pages 18 cmContent type:
  • text
ISBN:
  • 9780670092499
Subject(s): Additional physical formats: Online version:: Wesley Hohfeld a century later
Contents:
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. HohfeldTed 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
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.
List(s) this item appears in: NAAC 2022-23
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Holdings
Item type Current library Shelving location Call number Materials specified Status Notes Barcode
BOOKs National Law School General Stacks 891 ROY (Browse shelf(Opens below)) HB Available Recommended by Prof. Dr. Arun Thiruvengadam 38873

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. HohfeldTed 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"-- Provided by publisher.

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