ABSTRACT

The term res is of course familiar, in a manner of speaking, to legal discourse. In the legal context, res ordinarily refer to a thing in which a person may claim a right. The original ownership model is based on a flawed premise, a legal fiction. Wesley Newcomb Hohfeld’s model lends itself to different cultures, different species, and different ethologies. Hoebel wrote of the potential of Hohfeld’s scholarship for establishing an “ethnological jurisprudence,” stating, “this is possible because Hohfeld’s fundamental concepts are more universal than even their inventor himself realized. Hohfeld’s fundamental legal conceptions are the tools of sociable property jurisprudence. The operation of the assumptions and legal fictions of the predatory drift in law has, at best, produced confusion when dealing with anything other than a western legal paradigm. The mythical wolf pack is rallied to justify interactions as at once intensely competitive and aggressive, territorial and unequal, the predatory drift of social discourse.