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Full-Text Articles in Law

The Fundamental Building Blocks Of Social Relations Regarding Resources: Hohfeld In Europe And Beyond, Anna Di Robilant, Talha Syed Jul 2022

The Fundamental Building Blocks Of Social Relations Regarding Resources: Hohfeld In Europe And Beyond, Anna Di Robilant, Talha Syed

Faculty Scholarship

In the hundred years since Hohfeld published his two “Fundamental Legal Conceptions” articles, the “bundle-of-rights” view of property associated with his work has come to enjoy the status of conventional wisdom in American legal scholarship. Seen as a corrective to lay conceptions and a predecessor “Blackstonian” view of property as the “sole and despotic dominion” of an “owner” over a thing, the central insight of Hohfeldian analysis is standardly taken to be that property is not a single “thing” but rather a “bundle of rights” with respect to things and persons. In recent years, however, this Hohfeldian view has come …


Property's Building Blocks: Hohfeld In Europe And Beyond, Anna Di Robilant Jan 2022

Property's Building Blocks: Hohfeld In Europe And Beyond, Anna Di Robilant

Faculty Scholarship

In the hundred years since Hohfeld published his two “Fundamental Legal Conceptions” articles, the “bundle-of-rights” view of property associated with his work has come to enjoy the status of conventional wisdom in American legal scholarship. Seen as a corrective to lay conceptions and a predecessor “Blackstonian” view of property as the “sole and despotic dominion” of an “owner” over a thing, the central insight of Hohfeldian analysis is commonly taken to be that property is not a single “thing” but rather a “bundle of rights” with respect to things and persons. In recent years, however, this Hohfeldian view has come …