Legal relations of collectives : belated insights from Hohfeld

Morss, John 2009, Legal relations of collectives : belated insights from Hohfeld, Leiden journal of international law, vol. 22, no. 2, pp. 289-305.

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Title Legal relations of collectives : belated insights from Hohfeld
Author(s) Morss, John
Journal name Leiden journal of international law
Volume number 22
Issue number 2
Start page 289
End page 305
Total pages 17
Publisher Cambridge University Press
Place of publication Cambridge, England
Publication date 2009-06
ISSN 0922-1565
1478-9698
Keyword(s) collective
Hohfeld
peoples
responsibilities
rights
self-determination
statehood
Summary Collectives and their interrelations are central to international law. Legal relations between collectives can be analysed with reference to the classic account of Hohfeld without reducing those collectives to mere aggregates of individuals and without recourse to the legal fiction of treating the collective, for example the state, as a quasi-individual. The rights of collectives have been widely if not conclusively explored within international law, but Hohfeld’s ‘field’ approach to legal relations enables the scrutiny of the range of relations, including immunities, liberties, powers, and disabilities, as well as claim-rights and the corresponding obligations in others. The main substantive topics for discussion are the legal relations of collective entities such as peoples and minorities, and closely related matters such as self-determination. Applying Hohfeldian analysis to international law highlights the centrality of international collective entities of which the state represents only one variety. The approach described here therefore takes account of the dethroning of the state within contemporary international law and contributes to the theorization of that development. Nearly one hundred years after its
first appearance, Hohfeld’s analytic scheme continues to generate insights for international law.
Language eng
Field of Research 180116 International Law (excl International Trade Law)
Socio Economic Objective 949999 Law, Politics and Community Services not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
HERDC collection year 2009
Copyright notice ©2009, Foundation of the Leiden Journal of International Law
Persistent URL http://hdl.handle.net/10536/DRO/DU:30016690

Document type: Journal Article
Collections: Faculty of Business and Law
School of Law
Higher Education Research Group
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