Assignment for Fri 3/17: introduction through “Privileges and ‘No-Rights’” (handout pp. 1-12)

Assignment for Mon 3/20: “Power and Liabilities” through the conclusion (handout pp. 12-22)

Your assignment in this paper, apart from the introduction, is its central section “Fundamental Jural Relations Contrasted With One Another,” in which Hohfeld distinguishes several different ideas for which the term “right” has been used. (We are skipping two briefer sections at the beginning of the paper where Hohfeld makes some distinctions concerning other aspects of the law. In his introduction, Hohfeld also refers to a second paper that he intends as a continuation of this one; if you are curious about it, that paper appeared in 1917 under a very similar title: “Fundamental Legal Conceptions as Applied in Judicial Reasoning,” The Yale Law Journal, vol. 26 (1917), pp. 710-770 and is available on JSTOR.)

Hohfeld begins his discussion of “jural relations” with a short account of his general view. You should begin thinking through the table he provides, but its content may become clear only as you read the discussion of examples that follows. That discussion is divided into four parts. Each is concerned with one of the senses of “right” together with the relation that Hohfeld calls its “correlative.” There is a natural division between the first two and last two of these parts that corresponds, roughly, to Hart’s distinction between primary and secondary rules; and we’ll divide our discussion between the two class sessions in the same way.

As you read through Hohfeld’s examples, look for good illustrations of his points about the differences between and relations among the ideas he distinguishes. But also pick a few examples that seem particularly interesting for other reasons, either because they are difficult or because they are especially telling in other respects. You should also think of uses of the term “right” that you are familiar with and ask yourself which, if any, of Hohfeld’s four senses they correspond to. When you do this, bear in mind that more than one of Hohfeld’s relations might be present in the same example.