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
- 11 Very Tight “Bundles of Sticks”: Hohfeld’s Complex Jural Relations
- 12 Hohfeldian Analysis and the Separation of Rights and Powers
- 13 Immunity Rules
- 14 Scaling Up Legal Relations
- Part V Hohfeld and Society
- Index
12 - Hohfeldian Analysis and the Separation of Rights and Powers
from Part IV - Hohfeldian Complexities
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
- 11 Very Tight “Bundles of Sticks”: Hohfeld’s Complex Jural Relations
- 12 Hohfeldian Analysis and the Separation of Rights and Powers
- 13 Immunity Rules
- 14 Scaling Up Legal Relations
- Part V Hohfeld and Society
- Index
Summary
At the time he wrote, Wesley Hohfeld seemed to be of the view that longstanding conceptual confusions that had blocked progress in legal thought – particularly confusions about legal rights – would soon be put to rest. If so, rights have proved a tougher nut to crack than he expected. Indeed, the difficulty of providing an adequate account of rights has led many scholars, including scholars who share Hohfeld’s aptitude and aspirations for analytic philosophy, to lose sight of a distinction central to his project, namely, the distinction between a right (“claim right”) and a power. Or so we argue in Section 12.2.
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- Wesley Hohfeld A Century LaterEdited Work, Select Personal Papers, and Original Commentaries, pp. 366 - 385Publisher: Cambridge University PressPrint publication year: 2022
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