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

  • from Part II - Hohfeld and Property
  • Edited by Shyamkrishna Balganesh, Ted M. Sichelman, University of San Diego School of Law, Henry E. Smith, Harvard Law School, Massachusetts
  • Book:
    Wesley Hohfeld A Century Later
    Published online:
    14 July 2022
    Print publication:
    28 July 2022, pp 258-272

  • 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

Wesley Hohfeld A Century Later
  • Edited Work, Select Personal Papers, and Original Commentaries
  • Edited by Shyamkrishna Balganesh, Ted M. Sichelman, Henry E. Smith
  • Published online:
    14 July 2022
    Print publication:
    28 July 2022
  • Wesley Hohfeld is known the world over as the legal theorist who famously developed a taxonomy of legal concepts. His contributions to legal thinking have stood the test of time, remaining relevant nearly a century after they were first published. Yet, little systematic attention has been devoted to exploring the full significance of his work. Beginning with a lucid, annotated version of Hohfeld's most important article, this volume is the first to offer a comprehensive look at the scope, significance, reach, intricacies, and shortcomings of Hohfeld's work. Featuring insights from leading legal thinkers, the book also contains many of Hohfeld's previously unseen personal papers, shedding new light on the complex motivations behind Hohfeld's projects. Together, these selected papers and original essays reveal a portrait of a multifaceted and ambitious intellectual who did not live long enough to see the impact of his ideas on the study of law.

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