Fundamental Legal Conceptions as Applied in Judicial Reasoning

Author: Wesley Newcomb Hohfeld
Publisher: Forgotten Books
ISBN: 1334594953
Release Date: 2016-12-11
Genre: Law

Excerpt from Fundamental Legal Conceptions as Applied in Judicial Reasoning: And Other Legal Essays The Nature of Stockholders' Individual Liability for Corporation Debts (1909) 9 Columbia Law Review, 285. The Individual Liability of Stockholders and the Con ict of Laws (1909) 9 Columbia Law Review, 492; (1910) 10 ibid., 283; 10 ibid., 520. The Relations Between Equity and Law (1913) 11 Michigan Law Review, 537. Some Fundamental Legal Conceptions as Applied in Judicial Reason ing (1913) 23 Yale Law Journal, 16; (1917) 26 ibid., 710. The Need of Remedial Legislation in the California Law of Trusts and Perpetuities (1913) 1 California Law Review, 305. A Vital School of Jurisprudence and Law (1914) Proceedings of Association of American Law Schools. The Con ict of Equity and Law (1917) 26 Yale Law Journal, 767. Faulty Analysis in Easement and License Cases (1917) 27 Yale Law Journal, 66. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."

Fundamental Legal Conceptions As Applied in Judicial Reasoning by Wesley Newcomb Hohfeld

Author: David Campbell
Publisher: Routledge
ISBN: 9781351935203
Release Date: 2016-12-05
Genre: Law

Wesley Newcomb Hohfeld, born in 1879, died prematurely in 1918. He left only a few law journal articles as his published work. His 'Fundamental Legal Conceptions', originally published as two articles in the 'Yale Law Journal' for 1913 and 1917 and left incompletely revised at his death is, however, one of the principal foundations of analytic jurisprudence. The analysis of rights that Hohfeld offers is still regularly cited and relied upon by both lawyers and philosophers, and it is treated as a source of insight into the nature of moral rights as well as the legal rights that were Hohfeld’s own focus of concern. Although some of his analytical distinctions were anticipated by earlier jurists, their insights were fragmentary and imperfect by comparison. Hohfeld’s systematic and exhaustive (yet concise) treatment is generally regarded as unsurpassed. This is not to say that he has not been criticized, but his book forms the essential starting point for any discussion of the nature and structure of rights. 'Fundamental Legal Conceptions' has long been difficult to obtain. This new edition makes this classic of analytic jurisprudence available with a comprehensive introduction by Dr. N.E. Simmonds of Corpus Christi, University of Cambridge, UK.

The Lost World of Classical Legal Thought

Author: William M. Wiecek
Publisher: Oxford University Press, USA
ISBN: 0195147138
Release Date: 2001-02-15
Genre: Law

This book examines legal ideology in America from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

The Sleeping Sovereign

Author: Richard Tuck
Publisher: Cambridge University Press
ISBN: 9781316425503
Release Date: 2016-02-15
Genre: Political Science

Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.

The Law of Primitive Man

Author: E. Adamson Hoebel
Publisher: Harvard University Press
ISBN: 0674038703
Release Date: 2009-07-01
Genre: Law

A classic work in the anthropology of law, this book offered one of the first ambitiously conceived analyses of the fundamental rights and duties that are treated as law among nonliterate peoples (labeled "primitive" at the time of the original publication). The heart of the book is a description and analysis of the law of five societies: the Eskimo; the Ifugao of northern Luzon in the Philippines; the Comanche, Kiowa, and Cheyenne tribes of the western plains of the United States; the Trobriand Islanders of the southwest Pacific; and the Ashanti of western Africa. Hoebel's lucid analysis reveals the variety and complexity of these societies' political and legal institutions. It emphasizes their use of due process in adjudication and enforcement and highlights the importance of general explicit standards of conduct in these societies. In offering these detailed case studies of societies studied by other anthropologists, and in outlining an influential approach to the subject, it remains an illuminating book for both scholars and students.

Tort Law Text and Materials

Author: Ken Oliphant
Publisher: Oxford University Press
ISBN: 9780198745525
Release Date: 2017-07-30
Genre: Torts

The sixth edition of this celebrated book brings together a selection of carefully chosen extracts from cases and materials with insightful author text. Each section begins with a clear overview of the law, followed by illustrating extracts from case law and from government reports and scholarly literature, which are supported by the authors' expert explanation and analysis. Opportunities for further research are highlighted by the many suggestions for additional readings that are woven throughout the text. This approach enables students to gain a rich and contextual understanding of the law of tort.

Law and Religion in Public Life

Author: Nadirsyah Hosen
Publisher: Taylor & Francis
ISBN: 9781136725845
Release Date: 2011-04-27
Genre: Law

The book is unique in bringing together leading scholars and respected religious leaders to address contemporary issues in the relationship of law, religion and the state. The book highlights the interaction between secular law and religion with particular attention being given to the implications for law and society, religious tolerance and freedom. The book focuses on the practical and topical issues that have arisen in recent years in Australia. As one of the most ethnically diverse countries in the world, a pioneer of multicutural policies in immigration and social justice, Australia is a revealing site for contemporary studies in a world afraid of immigration and terrorism., issues that are affecting much of the globe.

A Theory of Constitutional Rights

Author: Robert Alexy
Publisher: Oxford University Press, USA
ISBN: 9780199584239
Release Date: 2009-12-10
Genre: Law

This classic work of constitutional theory analyzes the general structure of constitutional rights and their judicial application. It deals with a wide range of problems common to all systems of constitutional rights review - from balancing rights to deciding the limits of their scope.

Does God Believe in Human Rights

Author: Nazila Ghanea-Hercock
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004152540
Release Date: 2007
Genre: Political Science

Where can religions find sources of legitimacy for human rights? How do, and how should, religious leaders and communities respond to human rights as defined in modern International Law? When religious precepts contradict human rights standards - for example in relation to freedom of expression or in relation to punishments - which should trump the other, and why? Can human rights and religious teachings be interpreted in a manner which brings reconciliation closer? Do the modern concept and system of human rights undermine the very vision of society that religions aim to impart? Is a reference to God in the discussion of human rights misplaced? Do human fallibilities with respect to interpretation, judicial reasoning and the understanding of human oneness and dignity provide the key to the undeniable and sometimes devastating conflicts that have arisen between, and within, religions and the human rights movement? In this volume, academics and lawyers tackle these most difficult questions head-on, with candour and creativity, and the collection is rendered unique by the further contributions of a remarkable range of other professionals, including senior religious leaders and representatives, journalists, diplomats and civil servants, both national and international. Most notably, the contributors do not shy away from the boldest question of all - summed up in the book's title. The thoroughly edited and revised papers which make up this collection were originally prepared for a ground-breaking conference organised by the Clemens Nathan Research Centre, the University of London Institute of Commonwealth Studies and Martinus Nijhoff/Brill.

Advanced Introduction to International Human Rights Law

Author: Dinah L Shelton
Publisher: Edward Elgar Publishing
ISBN: 9781782545224
Release Date: 2014-09-26
Genre: Political Science

In this landmark text, Dinah L. Shelton offers an insightful overview of the current state of international human rights law: its norms, institutions and procedures, both global and regional. Providing an invaluable entry point to this complex area of

Perspectives on Commercializing Innovation

Author: F. Scott Kieff
Publisher: Cambridge University Press
ISBN: 9781139504553
Release Date: 2011-11-21
Genre: Law

Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.

Realistic Socio legal Theory

Author: Brian Z. Tamanaha
Publisher: Oxford University Press
ISBN: 0198265603
Release Date: 1997
Genre: Law

Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.