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Legal powers in private law

Legal Theory 21 (3-4):136-155 (2015)

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  1. Relational Primitivism.Ariel Zylberman - 2021 - Philosophy and Phenomenological Research 102 (2):401-422.
    Philosophy and Phenomenological Research, EarlyView.
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  • Is the ‘Mere Equity’ to Rescind a Legal Power? Unpacking Hohfeld’s Concept of ‘Volitional Control’.Adam Reilly - forthcoming - Oxford Journal of Legal Studies.
    Private lawyers owe a particular debt of gratitude to Hohfeld, given their widespread use of his scheme. An example is equitable rescission, where the entitlement 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 is that certain areas (...)
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  • The Bluff: The Power of Insincere Actions.Kimberly Kessler Ferzan - 2017 - Legal Theory 23 (3):168-202.
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