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