...Maris Köpcke I proceed as follows. After mapping the parallel between Suárez’s and Hart’s accounts in section I, I discuss in section II what appears to be the central difference between them: namely, that Suárez speaks of a pre-legal power, whereas Hart speaks of a power that is wholly of legal...

... to rescind a voidable transfer is now widely understood to be a Hohfeldian legal power. Yet, though scholars have been quick to use Hohfeld’s concept of legal power, they have given little sustained thought to what he meant by ‘volitional control’ and how we might identify it within the law. The result...

... representation constitutionalism 3 0 nation legislative supremacy theocracies Higher law privileges and immunities clause Alien and Sedition Acts Slaughterhouse cases rights of men foreign precedent Mixed constitution legal powers separation of powers political constitutionalism ancient...

...Bentham starts his analysis with the reduction of all legal powers to two main kinds, the second of which, though different from the first, is dependent upon it. These two kinds at first sight seem only to reflect the notion that there may be power over inanimate things as well as power over...

... gatekeeper concept of ownership Doctrine of Right Kantian philosophy morality normativity rationality slavery mutatis mutandis waiver Hohfeld Honoré property ownership rights bundle of rights right to exclude legal powers transfer numerus clausas In the near century since Hohfeld published...

... case, since they are meant to be important defining features of certain of the rights in the bundle. 35 Munzer (2011) has recently stated (without elaborating the position in any real detail) that taking Bentham s analysis of legal powers provides a better basis than Hohfeld for BOR. To the extent...

... addresses in detail the topic where debate on Kelsen's work has been liveliest: ‘normativity’ as Kelsen's alternative to both traditional legal positivism and natural law theory. The book covers such topics as competing philosophical positions on the nature of law, legal validity, legal powers...

...A select group of mestizo children who were claimed by their fathers and removed from their indigenous mothers’ care serves as a window onto the cultural and legal expectations of Spanish fathers in mid-sixteenth century Peru. Men used legal powers to shift their children from indigenous households...

...’ views of historical development. The chapter looks into how the state cannot be reduced to class interest in contrast to Marxism before considering the additional importance of legal powers and relations. It explains that Marx identified social classes and the relations between them as fundamental...

...This chapter summarises how the many changes to legislation since 1996 have increased the social control function of social landlords in two ways. First, the legal powers of social landlords have been strengthened, and second, the legal framework has shifted the scope of social housing management...

... Puerto Rico spaces of exception unincorporated territories Rossiter Clinton crisis exceptions constitutional regimes legal powers On May 27, 1941, as war raged in Europe, the president of the United States of America, Franklin D. Roosevelt, proclaimed an “unlimited national emergency.” ¹...

...; and the legal powers of an HSE inspector. Dawson S field decision making Robens Committee Robens Report command and control regulation self regulation Health and Safety at Work Act 1974 ‘reasonably practicable’ Health and Safety Commission Health and Safety Executive inspectorates Confederation...

...This chapter explicates the meaning of legal powers in terms of political authority, and then turns to the venerable French doctrine of pouvoir constituant. It claims that, ideally, political authority derives from the mutual realization that inasmuch as one lives communally, that is, together...

... of legal powers: it does not properly relate powers to the operations of law; (2) powers do not relate individuals under Hohfeld’s scheme of jural relations, but relate individual power-holders to jural relations; and (3) Hohfeld’s scheme cannot explain the interdependence of some Hohfeldian powers, like...

... by governments around the world. 1 Extra-Legal Power and Legitimacy. Clement Fatovic and Benjamin A. Kleinerman. © Oxford University Press 2013. Published 2013 by Oxford University Press. 2 Introduction: Extra-Legal Measures and the Problem of Legitimacy history. However, the prospect of additional attacks...

... Bentham Jeremy interpretation intentions in interpretation instrumental rights Rawls John and evaluative assumptions Tapper C F H Bronaugh Richard Kamba Walter Hohfeldian analysis Will Theory legal theory rights legal rights legal duties liberties immunities legal powers To participate...

...This chapter argues that a satisfactory analysis of voluntary obligations must be conducted in terms of normative powers. To substantiate this claim, it examines in some detail the concepts of a normative power and of a power-conferring norm (or P-norm). It begins with an analysis of legal powers...

.... However, Sir Sidney was also unwilling to give up his position. This chapter examines the actions, positions, and legal powers taken by the Smith brothers. Elgin Thomas Bruce 7th Earl of 1766–1841 Spencer Smith John France Kleber General Jean Baptiste Koehler Brigadier General George Frederic d 1800...

...This chapter provides a critical overview of the debate on the relationship between precedent making and exercises of a particular kind of legal powers: law-making powers. In doing so, it challenges some common claims about the courts (necessarily) having law-making powers. The chapter discusses...

... interstitial law explicit discussion of liberties persons and personality in private law property law Hohfeld Wesley in rem rights powers Raz Joseph Shiffrin Seana bundle of rights private law private law theory property rights personal rights private law rights legal powers bundle of rights...