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Wesley Newcomb Hohfeld, circa 1916. Wesley Newcomb Hohfeld (August 9, 1879 – October 21, 1918) [1] was an American jurist.He was the author of the seminal Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays (1919).
Hohfeld was concerned that there was some ambiguity in the explanation of the similarities and differences between concepts in law. Hence, with the focus on the nature of rights , he proposed a system of analysis based on "jural correlatives" and "jural opposites".
A systematic theory of legal relations was put forward by the US legal scholar Wesley Hohfeld in 1913 [23] and remains widely influential. [24] In Hohfeld's framework, there are four types of legal relations (or "jural correlatives"), between: right (or claim) and duty; privilege (or liberty) and no-right; power and liability; and immunity and ...
The concept originated with Wesley Newcomb Hohfeld in 1913, although he himself never used the phrase "bundle of rights". [3] It was further developed and propagated to a broader audience in the form of the first Restatement of Property (published in five volumes between 1936 and 1944), because the Restatement's first reporter, Harry Bigelow ...
John R. Commons was born in Hollansburg, Ohio on October 13, 1862. Commons had a religious upbringing which led him to be an advocate for social justice early in life. Commons was considered a poor student and suffered from a mental illness while stu
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Scott Shapiro's Planning Theory of Law [2] is built upon two concepts: the nature of legal institutions and the nature of legal norms. The thesis of the Planning Theory argues how legal norms function as shared plans that legal institutions implement in order to exercise social control and governance, regardless of the moral merits of those norms and institutions.
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.