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
14 - Scaling Up Legal Relations
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
It is rare for something as precise and analytical as Wesley Hohfeld’s system of legal relations to serve as a Rorschach blot. For a century now, legal theorists have seen reflected in it their picture of a flat undifferentiated landscape of law – protean material for refashioning on policy grounds. This was not Hohfeld’s vision and yet it is not wholly untrue to it either. Hohfeld believed, as did many others in his day, that greater clarity about basic legal concepts and clearing away ambiguities would make law transparent to policy and lead inexorably to improvement in the law.1 The first step in clearing away the cobwebs was to ground the law in its micro foundations. This is where the trouble starts.
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- Wesley Hohfeld A Century LaterEdited Work, Select Personal Papers, and Original Commentaries, pp. 419 - 438Publisher: Cambridge University PressPrint publication year: 2022