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6 - The In Rem/In Personam Distinction and Conceptual Partitioning for Persistence

from Part II - Hohfeld and Property

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

In the second of his two famous articles, Hohfeld seeks to do for the in rem/in personam distinction what he did so persuasively in his first for the terminology of rights, claims, duties, privileges, powers, immunities, and disabilities, which was to identify their essence, and to thereby describe the “natural kind” (in more modern parlance) lurking beneath the thicket of confused juristic rhetoric.1 The thesis in this second article, however, is a simpler and in some way more beguiling one than in his first. He claims that what the distinction between in rem and in personam jural relations comes down to is the contrast between what he calls “multital” and “paucital” relationships.2

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Wesley Hohfeld A Century Later
Edited Work, Select Personal Papers, and Original Commentaries
, pp. 258 - 272
Publisher: Cambridge University Press
Print publication year: 2022

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