Book contents
- Wesley Hohfeld A Century Later
- Wesley Hohfeld A Century Later
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Introduction: Hohfeld at the Crossroads
- Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
- Selected Personal Papers of Wesley Newcomb Hohfeld
- Part I Philosophy of Jural Relations
- Part II Hohfeld and Property
- Part III Hohfeld and Equity
- Part IV Hohfeldian Complexities
- 11 Very Tight “Bundles of Sticks”: Hohfeld’s Complex Jural Relations
- 12 Hohfeldian Analysis and the Separation of Rights and Powers
- 13 Immunity Rules
- 14 Scaling Up Legal Relations
- Part V Hohfeld and Society
- Index
13 - Immunity Rules
from Part IV - Hohfeldian Complexities
Published online by Cambridge University Press: 14 July 2022
Book contents
- Wesley Hohfeld A Century Later
- Wesley Hohfeld A Century Later
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Introduction: Hohfeld at the Crossroads
- Some Fundamental Legal Conceptions as Applied in Judicial Reasoning
- Selected Personal Papers of Wesley Newcomb Hohfeld
- Part I Philosophy of Jural Relations
- Part II Hohfeld and Property
- Part III Hohfeld and Equity
- Part IV Hohfeldian Complexities
- 11 Very Tight “Bundles of Sticks”: Hohfeld’s Complex Jural Relations
- 12 Hohfeldian Analysis and the Separation of Rights and Powers
- 13 Immunity Rules
- 14 Scaling Up Legal Relations
- Part V Hohfeld and Society
- Index
Summary
Analysis based on Hohfeld’s analytical system shows that liability rules, as defined by Guido Calabresi and A. Douglas Melamed, are a false category. The concept combines two kinds of legal rules, each important in itself, but not alike in any important way. Accident law, in which the injurer pays compensation for the victim’s harm and is subject to no stronger remedy, is the leading example of one kind of liability rule. Eminent domain, in which the government acquires interests in property without the owner’s consent and pays compensation, is the other leading example.
- Type
- Chapter
- Information
- Wesley Hohfeld A Century LaterEdited Work, Select Personal Papers, and Original Commentaries, pp. 386 - 418Publisher: Cambridge University PressPrint publication year: 2022