From W. N. Hohfeld to J. R. Commons, and Beyond? A “Law and Economics” Enquiry on Jural Relations

Abstract

In this article we try to reformulate the approaches of Wesley Newcomb Hohfeld and John Rogers Commons on jural relations speculating on the concept of positionality as introduced by Fred Hirsch in his original work on positional good and competition. Furthermore, by placing Hohfeld's jural lowest common denominator within the Commonsian transaction, we propose a more structured economic description of the jural relations theory. the existence of a marshal implies the existence of a number of soldiers who are not marshals P. H. Wicksteed (1910: 657) *Post-Doc Fellow,

Positional goods and Robert Lee Hale's legal economics

“…4A jural relation is defined as a situation of a legal and material fact through which one by his or her will may restrict or claim to restrict, presently or contingently, with the aid of the law, the freedom of action of another (cf. Vatiero, 2010). …”