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In the second of his two famous articles, Hohfeld seeks to do for the in rem/in personam distinction what he did so persuasively in his first for the terminology of rights, claims, duties, privileges, powers, immunities, and disabilities, which was to identify their essence, and to thereby describe the “natural kind” (in more modern parlance) lurking beneath the thicket of confused juristic rhetoric. The thesis in this second article, however, is a simpler and in some way more beguiling one than in his first. He claims that what the distinction between in rem and in personam jural relations comes down to is the contrast between what he calls “multital” and “paucital” relationships.


Jurisdiction | Law | Property Law and Real Estate


This material has been published in "Wesley Hohfeld a Century Later: Edited Work, Select Personal Papers, and Original Commentaries", edited by Shyamkrishna Balganesh, Ted M. Sichelman & Henry E. Smith. This version is free to view and download for private research and study only. Not for re-distribution or re-use.