Book contents
- Wesley Hohfeld A Century Later
- Wesley Hohfeld A Century Later
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Introduction: Hohfeld at the Crossroads
- Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
- Selected Personal Papers of Wesley Newcomb Hohfeld
- Part I Philosophy of Jural Relations
- Part II Hohfeld and Property
- 5 Property’s Building Blocks: Hohfeld in Europe and Beyond
- 6 The In Rem/In Personam Distinction and Conceptual Partitioning for Persistence
- 7 Hohfeld and the Theory of In Rem Rights: An Attempted Mediation
- Part III Hohfeld and Equity
- Part IV Hohfeldian Complexities
- Part V Hohfeld and Society
- Index
7 - Hohfeld and the Theory of In Rem Rights: An Attempted Mediation
from Part II - Hohfeld and Property
Published online by Cambridge University Press: 14 July 2022
- Wesley Hohfeld A Century Later
- Wesley Hohfeld A Century Later
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Introduction: Hohfeld at the Crossroads
- Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
- Selected Personal Papers of Wesley Newcomb Hohfeld
- Part I Philosophy of Jural Relations
- Part II Hohfeld and Property
- 5 Property’s Building Blocks: Hohfeld in Europe and Beyond
- 6 The In Rem/In Personam Distinction and Conceptual Partitioning for Persistence
- 7 Hohfeld and the Theory of In Rem Rights: An Attempted Mediation
- Part III Hohfeld and Equity
- Part IV Hohfeldian Complexities
- Part V Hohfeld and Society
- Index
Summary
I come neither to celebrate nor to disparage Hohfeld, but to parley with him. Perhaps it is worth exploring why the former courses are said to be on the table, depending upon one’s preferred strand of property theory. After all, Hohfeld’s project is presented as purely analytical. He does not purport to tell us what the substantive contents of the law should be, but merely to provide tools that permit unambiguous analytical description of a given positive landscape. There is no reason why a project thus conceived should necessarily be in tension with any particular substantive theory of property law.
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- Information
- Wesley Hohfeld A Century LaterEdited Work, Select Personal Papers, and Original Commentaries, pp. 273 - 292Publisher: Cambridge University PressPrint publication year: 2022