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
- Part III Hohfeld and Equity
- Part IV Hohfeldian Complexities
- Part V Hohfeld and Society
- 15 Hohfeldian Analysis, Liberalism, and Adjudication (Some Tensions)
- 16 The Contingent Politics of Legal Formalism
- 17 Religious Liberty and Public Accommodations: What Would Hohfeld Say?
- 18 Wesley Newcomb Hohfeld: On the Difficulty of Becoming a Law Professor
- Index
16 - The Contingent Politics of Legal Formalism
from Part V - Hohfeld and Society
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
- Part III Hohfeld and Equity
- Part IV Hohfeldian Complexities
- Part V Hohfeld and Society
- 15 Hohfeldian Analysis, Liberalism, and Adjudication (Some Tensions)
- 16 The Contingent Politics of Legal Formalism
- 17 Religious Liberty and Public Accommodations: What Would Hohfeld Say?
- 18 Wesley Newcomb Hohfeld: On the Difficulty of Becoming a Law Professor
- Index
Summary
Wesley Hohfeld deconstructed legal concepts to reveal unjustified assumptions about their structure. It is thus unfair or inevitable – probably both – that he be charged with analogous errors of his own. My worries about Hohfeld’s classic text, Fundamental Legal Conceptions as Applied in Judicial Reasoning, are of just the sort that Hohfeld had himself, albeit with other targets in mind.
- Type
- Chapter
- Information
- Wesley Hohfeld A Century LaterEdited Work, Select Personal Papers, and Original Commentaries, pp. 467 - 477Publisher: Cambridge University PressPrint publication year: 2022