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

$155.00 (C)

Shyamkrishna Balganesh, Ted Sichelman, Henry E. Smith, Frederick Schauer, David Frydrych, Andrew Halpin, Scott Brewer, Anna di Robilant, Talha Syed, Leo Katz, Christopher M. Newman, J E Penner, Ben McFarlane, Emily Sherwin, John C. P. Goldberg, Benjamin C. Zipurskyi, John Harrison, Andrew S. Gold, Pierre Schlag, Aditi Bagchi, Joseph William Singer, John Henry Schlegel
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  • Date Published: July 2022
  • availability: Available
  • format: Hardback
  • isbn: 9781107192881

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About the Authors
  • 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.

    • Offers extensive commentaries from leading experts in the fields of jurisprudence and private law theory
    • Reflects upon Hohfeld's life and work from historical, philosophical, and doctrinal perspectives
    • Highlights some of the more underappreciated aspects of Hohfeld's theory
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    Product details

    • Date Published: July 2022
    • format: Hardback
    • isbn: 9781107192881
    • length: 600 pages
    • dimensions: 229 x 152 x 30 mm
    • weight: 0.906kg
    • availability: Available
  • Table of 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 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.

  • Editors

    Shyamkrishna Balganesh, Columbia Law School
    Shyamkrishna Balganesh is the Sol Goldman Professor of Law at Columbia Law School.

    Ted M. Sichelman, University of San Diego School of Law
    Ted M. Sichelman is a Professor of Law at the University of San Diego School of Law, where he founded and directs the Center for Computation, Mathematics & the Law and directs the Center for Intellectual Property Law & Markets.

    Henry E. Smith, Harvard Law School, Massachusetts
    Henry E. Smith is the Fessenden Professor of Law at Harvard Law School, where he directs the Project on the Foundations of Private Law. Smith served as the President of the Society for Institutional and Organizational Economics and is the Reporter for the American Law Institute's Fourth Restatement of Property.

    Contributors

    Shyamkrishna Balganesh, Ted Sichelman, Henry E. Smith, Frederick Schauer, David Frydrych, Andrew Halpin, Scott Brewer, Anna di Robilant, Talha Syed, Leo Katz, Christopher M. Newman, J E Penner, Ben McFarlane, Emily Sherwin, John C. P. Goldberg, Benjamin C. Zipurskyi, John Harrison, Andrew S. Gold, Pierre Schlag, Aditi Bagchi, Joseph William Singer, John Henry Schlegel

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