New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Casebook Read Credits
The Politics of Private Law in Historical and Comparative Perspective
Section 5 . 1 . 2

A conservative abuse of rights reasoning or “Hohfeldian error”?

Prof. Duncan Kennedy

Reading(s): Gregory & Kalven, The House of Lords Trilogy Sherman Act, Clayton Act, Taft-Hartley Act Steve Wagner, How Did the Taft-Hartley Act Come About? W.N. Hohfeld, Some Fundamental Concepts as Used in Judicial Reasoning, 23 Yale L.J. 16 (1913) Joseph William Singer, The Legal Rights Debate in Analytical Jurisprudence from Bentham to Hohfeld, 1982 Wis. L. Rev. 975, p.986-989, p. 993-994 [Hohfeld’s system; restatement of the contradiction]

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.