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

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  • Luca Fiorito
  • Massimiliano Vatiero

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.

Suggested Citation

  • Luca Fiorito & Massimiliano Vatiero, 2009. "Beyond Legal Relations Wesley Newcomb Hohfeld’s Influence on American Institutionalism," Department of Economics University of Siena 582, Department of Economics, University of Siena.
    • Handle: RePEc:usi:wpaper:582
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    File URL: http://repec.deps.unisi.it/quaderni/582.pdf
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    References listed on IDEAS

    as
    1. Pier Francesco Asso & Luca Fiorito, 2008. "Was Frank Knight an Institutionalist?," Review of Political Economy, Taylor & Francis Journals, vol. 20(1), pages 59-77.
    2. repec:eme:rhet11:s0743-4154(03)22008-3 is not listed on IDEAS
    3. Warren J. Samuels, 1984. "On the Nature and Existence of Economic Coercion: The Correspondence of Robert Lee Hale and Thomas Nixon Carver," Journal of Economic Issues, Taylor & Francis Journals, vol. 18(4), pages 1027-1048, December.
    4. Luca Fiorito, 2010. "John R. Commons, Wesley N. Hohfeld, and the Origins of Transactional Economics," History of Political Economy, Duke University Press, vol. 42(2), pages 267-295, Summer.
    5. Malcolm Rutherford, 2000. "Institutionalism Between the Wars," Journal of Economic Issues, Taylor & Francis Journals, vol. 34(2), pages 291-303, June.
    6. Malcolm Rutherford, 2004. "Institutional Economics: The Term And Its Meanings," Research in the History of Economic Thought and Methodology, in: A Research Annual, pages 179-184, Emerald Group Publishing Limited.
    Full references (including those not matched with items on IDEAS)

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    Cited by:

    1. Rossi, Enrico, 2020. "Reconsidering the dual nature of property rights: personal property and capital in the law and economics of property rights," LSE Research Online Documents on Economics 105840, London School of Economics and Political Science, LSE Library.
    2. Antonio Nicita & Massimiliano Vatiero, 2014. "Dixit versus Williamson: the ‘fundamental transformation’ reconsidered," European Journal of Law and Economics, Springer, vol. 37(3), pages 439-453, June.
    3. Ugo Pagano & Massimiliano Vatiero, 2017. "Positional goods and legal orderings," Department of Economics University of Siena 773, Department of Economics, University of Siena.
    4. Pagano, Ugo & Vatiero, Massimiliano, 2015. "Costly institutions as substitutes: novelty and limits of the Coasian approach," Journal of Institutional Economics, Cambridge University Press, vol. 11(2), pages 265-281, June.

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    More about this item

    JEL classification:

    • B20 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - General
    • B13 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Neoclassical through 1925 (Austrian, Marshallian, Walrasian, Wicksellian)
    • B25 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - Historical; Institutional; Evolutionary; Austrian; Stockholm School
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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