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Books on the topic 'Hohfeld'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 March 2023

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1

1879-1918, Hohfeld Wesley Newcomb, ed. Teoria dos direitos subjetivos: Wesley Newcomb Hohfeld e os conceitos fundamentais do direito. GZ Editora, 2009.

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2

Balganesh, Shyamkrishna, Ted M. Sichelman, and Henry E. Smith, eds. Wesley Hohfeld A Century Later. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781108131742.

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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 lega

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3

Gilbert, Margaret. Some Central Distinctions from Rights Theory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0002.

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Four relations distinguished by rights theorist Wesley Hohfeld are introduced: claims, liberties (privileges), powers, and immunities. A broader conception of powers and immunities than is standard is discussed and adopted. Hohfeld maintained that claims were rights “in the strictest sense.” Several arguments for the primacy of claims are outlined, and the idea that the assertion of a claim has a certain forcefulness is noted. Hohfeld argued that “correlative and equivalent” to anyone’s claim is someone’s duty to that person. The nature of a duty to a person or, in other terms, a directed duty

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4

Campbell, David, and Philip Thomas. Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld. Taylor & Francis Group, 2016.

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5

David, Campbell, and Philip Thomas. Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld. Taylor & Francis Group, 2016.

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6

David, Campbell, and Philip Thomas. Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld. Taylor & Francis Group, 2016.

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7

Smith, Henry E., Shyamkrishna Balganesh, and Ted M. Sichelman. Wesley Hohfeld a Century Later: Edited Work, Select Personal Papers, and Original Commentaries. Cambridge University Press, 2021.

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8

Smith, Henry E., Shyamkrishna Balganesh, and Ted M. Sichelman. Wesley Hohfeld a Century Later: Edited Work, Select Personal Papers, and Original Commentaries. University of Cambridge ESOL Examinations, 2021.

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9

Smith, Henry E., Shyamkrishna Balganesh, and Ted M. Sichelman. Wesley Hohfeld a Century Later: Edited Work, Select Personal Papers, and Original Commentaries. Cambridge University Press, 2022.

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10

Gilbert, Margaret. Rights and Demands. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.001.0001.

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This book is the first extended treatment of demand-rights, a class of rights apt to be considered rights par excellence. Centrally, to have a demand-right is to have the standing or authority to demand a particular action from another person, who has a correlative obligation to the right-holder. How are demand-rights possible? Linking its response to central themes and positions within rights theory, Rights and Demands argues for two main theses. First, joint commitment, in a sense that is explained, is a ground of demand-rights. Second, it may well be their only ground. The first thesis is d

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11

Gilbert, Margaret. Hohfeld’s Claims and Thomson’s Doubts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0004.

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This chapter focuses on Hohfeldian claims. One person’s claim against another is correlative and equivalent to that other’s duty toward him. The relevant notion of “equivalence” is explained, and the relational nature of claims against and duties toward others—directed duties—is emphasized. Evidently one way better to understand claims is through an understanding of directed duties. Rights theorists generally assume without argument that the latter are constituted at least in part by non-directed or plain duties. This standard assumption can be questioned. In this connection, Judith Thomson’s

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12

Gilbert, Margaret. Demand-Rights—and the Demand-Right Problem. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0005.

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Starting with some important remarks of Hohfeld’s on legal claims, this chapter introduces and focuses on rights of the kind accrued by the parties to informal agreements, among others, which it labels “demand-rights.” One with a demand-right has, centrally, the standing to demand an action from the right’s addressee. This point is clarified as, among other things, demands are distinguished from requests and commands. H. L. A. Hart’s discussion of a promisee’s rights is reviewed, and demand-rights are further characterized by means of a series of equivalences of Hohfeld’s type. Some possible f

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13

Gilbert, Margaret. Contemporary Rights Theories. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0006.

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The most influential theories of claims within contemporary rights theory are considered in relation to the demand-right problem. Starting with Hohfeld’s equivalence, contemporary theorists generally aim for an account of claims such that the members of a certain canonical set of claim-ascriptions are true. In pursuit of this aim they tend to focus on directed duties and to assume that these are in part constituted by plain duties. Reviewing the results obtained by adopting this aim and method, this chapter argues that in order to solve the demand-right problem we need to go beyond the resourc

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14

Merges, Robert P. What Kind of Rights Are Intellectual Property Rights? Edited by Rochelle Dreyfuss and Justine Pila. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780198758457.013.8.

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This chapter considers the nature of intellectual property (IP) rights. It addresses some misunderstandings about legal rights, including that they are necessarily absolute, and rejects the view of IP as a regulatory tool rather than property. It then enumerates the key attributes and limits of IP using Hohfeld’s taxonomy of legal relations, and shows that, while none of these limits is enough to disqualify IP from being property, altogether they impose significant restrictions on its scope. Attention then turns to the problems of injunctions and constitutional takings of IP rights. The chapte

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15

Penner, J. E. Property Rights: A Re-Examination. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198830122.001.0001.

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Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title, the right to immediate, exclusive, possession, and the power to licence what would otherwise be a trespass, and to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld’s concept

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