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11 - Very Tight “Bundles of Sticks”: Hohfeld’s Complex Jural Relations

from Part IV - Hohfeldian Complexities

Published online by Cambridge University Press:  14 July 2022

Shyamkrishna Balganesh
Affiliation:
Columbia Law School
Ted M. Sichelman
Affiliation:
University of San Diego School of Law
Henry E. Smith
Affiliation:
Harvard Law School, Massachusetts
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Summary

Wesley Hohfeld began his landmark 1913 article, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, by impugning existing analytical treatments of trusts, yet noticeably never fully explained his own view of trusts as a “complex aggregate” of “fundamental” relations.1 In the last footnote to the article, Hohfeld stated that in his “next article … some attention will be given to the nature and analysis of complex legal interests, or aggregates of jural relations.”2 Unfortunately, as the editor of his collected works, Walter Wheeler Cook, explained in an annotated version of that footnote, “the ‘next article’ deals chiefly with rights, etc., in personam and rights, etc., in rem. The author’s untimely death prevented the carrying out of the remainder of the plan.”3

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Wesley Hohfeld A Century Later
Edited Work, Select Personal Papers, and Original Commentaries
, pp. 345 - 365
Publisher: Cambridge University Press
Print publication year: 2022

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