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Fundamental Legal Conceptions As Applied in Judicial Reasoning (Classical Jurisprudence Series)

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Title: Fundamental Legal Conceptions As Applied in Judicial Reasoning (Classical Jurisprudence Series)
by Wesley Newcomb Hohfeld, David Campbell, Philip Thomas
ISBN: 1-85521-668-X
Publisher: Ashgate Publishing Company
Pub. Date: February, 2002
Format: Hardcover
List Price(USD): $74.95
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Average Customer Rating: 5 (1 review)

Customer Reviews

Rating: 5
Summary: An early book on Deontic Logic, from 1913 Yale Law Journal
Comment: This book is a reprint of two Yale Law Journal articles from 1913 and 1917, and the 1964 reprint was a republication of the 1919 edition. The author, Professor Wesley Newcomb Hohfeld, distinguished four different types of "legal relations" or "rights" including right-duty; privileges; powers and immunities. The last two relate to the ability to create or discharge the first two. The results have been explained by Arthur Corbin, see especially 29 Yale L. J. 163 (1919) and reprinted in Jerome Hall, Readings in Jurisprudence (1938); Layman Allen (1998 Notre Dame Law Review) and Kevin Saunders (Akron Law Review) and in various books on "deontic logic" which is the logic of "obligation" (or duty) and "permission" (or privilege). See also some articles and texts by the Finish logician Georg Henrik von Wright, especially the 1951 article. Professor Hohfeld died in 1918, and his 1913 paper is one of the most often cited articles in legal jurisprudence. Some of Hohbfeld's terminology can be confusing. The terms "duty" and "privilege" are real "duals" of each rather than negatives. The 1917 paper also distinguished four different matters in which "right" is used -- (1) right in the strict sense, (2) udicial proceedings, (3) judgments and decreees, (4) enforcement, see 1964 book at 69.

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