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10 - General and Particular Jural Relations

from Part III - Hohfeld and Equity

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

Hohfeld set out to precisify jural relations in a series of articles culminating in a book.1 His basic scheme of rights, privileges, powers, and immunities and their correlatives and opposites is hard to dispute and helps bring clarity to law. The project, however, was not complete at the time of his death and leaves several important questions unanswered. One problem Hohfeld mentioned in his final article was the problem of “common (or general) and specific (or particular) relations.” In this chapter, I will speculate about what he might have said about these subcategories of relations and what difficulties they might have raised for his overall scheme.

Type
Chapter
Information
Wesley Hohfeld A Century Later
Edited Work, Select Personal Papers, and Original Commentaries
, pp. 331 - 342
Publisher: Cambridge University Press
Print publication year: 2022

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