‘Harvard Law School’s Private Law Workshop: Christopher Newman, Hohfeld and the Theory of In Rem Rights: An Attempted Reconciliation’

“Few questions have received more attention in law than the question ‘What is Property?’ Is an in rem right a right over a thing, as the traditional (and perhaps resurgent) view holds? Or is the term ‘right in rem’ an outmoded reference to a bundle of jural relations existing between individuals (as Hohfeld argued almost a century ago)? Is there a way to reconcile these two competing theories – for property to be both a right over a thing and bundle of rights? At this week’s HLS Private Law Workshop, Christopher Newman presented a work-in-progress in which he attempted a reconciliation of these apparently conflicting understandings of in rem rights …” (more)

[Patrick Goold, New Private Law, 10 October]

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