Fundamental Legal Conceptions as Applied in Judicial Reasoning: And Other Legal Essays

430 Pages·1923·26.033 MB·English

by  Hohfeld, Wesley Newcomb

FUNDAMENTAL LEGAL CONCEPTIONS

FUNDAMENTAL
LEGAL CONCEPTIONS
AS APPLIED IN JUDICIAL REASONING
AND OTHER LEGAL ESSAYS
BY
WESLEY NEWCOMB HOHFELD
LATE SOUTHMAYD PROFESSOR' bF LAW IN
YALE UNIVERSITY
EDITED BY
WALTER WHEELER COOK
PROFESSOR OF LAW IN YALE UNIVERSITY
NEW HAVEN
YALE UNIVERSITY PRESS
LONDON- HUMPHREY MILFORD -OXFORD UNIVERSITY PRESS
MDCCCCXXIII
COPYRIGHT, 1923, BY
YALE UNIVERSITY PRESS
[First two essays copyrighted in pamphlet form, 1019.]
PREFACE
In reprinting Professor Hohfeld's essays it has seemed best to con-
fine the editorial work-aside from the correction of errors purely
typographical-to the insertion of changes or additions indicated in
manuscript notes left by the author. This new matter is either en-
closed in square brackets or indicated by the addition of the letter a
to the number of the footnote.
The editor makes grateful acknowledgment to Professor Thomas W.
Swan, Dean of the Faculty of Law at Yale University, for his constant
interest and invaluable co-operation in verifying citations and read-
ing proofs, and in every way expediting the publication of the volume.

CONTENTS
Introduction........... . . . 3
I. Fundamental Legal Conceptions, I . . . . . . 23
II. Fundamental Legal Conceptions, II . . . . . . 65
III. The Relations between Equity and Law . . . . . 115
IV. Supplemental Note on the Conflict of Equity and Law 155
V. Faulty Analysis in Easement and License Cases . 160
VI. Nature of Stockholders' Individual Liability for Cor-
poration Debts. ...... . . . . .. 194
VII. The Individual Liability of Stockholders and the Con-
flict of Laws. . ..... . . . ..229
VIII. A Vital School of Jurisprudence and Law: Have Ameri-
can Universities Awakened to the Enlarged Opportuni-
ties and Responsibilities of the Present Day? . . . . 332
IX. The Need of Remedial Legislation in the California Law
of Trusts and Perpetuities . . . . . . . . . 385
Table of Cases...... ............... 413
Index ........ ................. 417

FUNDAMENTAL LEGAL CONCEPTIONS