FUNDAMENTAL LEGAL CONCEPTIONS AS APPLIED IN JUDICIAL REASONING

FUNDAMENTAL LEGAL CONCEPTIONS AS APPLIED IN JUDICIAL REASONING

1917 | Wesley Newcomb Hohfeld
The article discusses the fundamental legal concepts of "right in rem" and "right in personam" and their application in judicial reasoning. It emphasizes the importance of precise terminology in legal thought and the dangers of misusing terms that can lead to confusion. The author argues that "right in rem" is not a right against a thing but a right against persons, and that the term "in rem" refers to the scope of the right, not its subject. The article contrasts "right in rem" with "right in personam," explaining that the former applies to rights that are generally applicable to many people, while the latter applies to rights that are specific to individuals. The author also discusses the confusion that arises from using the terms "in rem" and "in personam" in different contexts, and the need for clear definitions to avoid misunderstandings. The article provides examples to illustrate these concepts and highlights the importance of accurate legal terminology in judicial reasoning.The article discusses the fundamental legal concepts of "right in rem" and "right in personam" and their application in judicial reasoning. It emphasizes the importance of precise terminology in legal thought and the dangers of misusing terms that can lead to confusion. The author argues that "right in rem" is not a right against a thing but a right against persons, and that the term "in rem" refers to the scope of the right, not its subject. The article contrasts "right in rem" with "right in personam," explaining that the former applies to rights that are generally applicable to many people, while the latter applies to rights that are specific to individuals. The author also discusses the confusion that arises from using the terms "in rem" and "in personam" in different contexts, and the need for clear definitions to avoid misunderstandings. The article provides examples to illustrate these concepts and highlights the importance of accurate legal terminology in judicial reasoning.
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[slides and audio] Fundamental Legal Conceptions as Applied in Judicial Reasoning%3A And Other Legal Essays