Beyond Legal Relations Wesley Newcomb Hohfeld’s Influence on American Institutionalism

Working Paper N. 582
December 2009
Luca Fiorito
University of Palermo
Massimiliano Vatiero
University of Siena
Abstract:

This paper documents Hohfeld’s influence on interwar American institutionalism. We will mainly focus on three leading figures of the movement: John Rogers Commons, Robert Lee Hale, and John Maurice Clark. They regarded Hohfeld’s contribution on jural relations as a preliminary step toward the understanding of the adversarial nature of legal rights. Albeit with substantial differences in style, method and emphasis, Hohfeld’s schema provided a powerful analytical and rhetorical tool for their analysis

JEL classification:

B20, B13, B25, K10