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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, 2011. "Beyond Legal Relations: Wesley Newcomb Hohfeld's Influence on American Institutionalism," Journal of Economic Issues, Taylor & Francis Journals, vol. 45(1), pages 199-222.
    • Handle: RePEc:mes:jeciss:v:45:y:2011:i:1:p:199-222
    DOI: 10.2753/JEI0021-3624450111
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    References listed on IDEAS

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    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.
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    Citations

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    Cited by:

    1. Ugo Pagano & Massimiliano Vatiero, 2017. "Positional goods and legal orderings," Department of Economics University of Siena 773, Department of Economics, University of Siena.
    2. 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.
    3. 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.
    4. 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.

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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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