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Legal Analysis and Terminology, 29 Yale Law Journal 163 (1919)


Every student of the law must be equipped with certain fundamental
concepts and with certain terms in which to express them. Let him
read the federal Constitution or the opinion of any court or any legal
treatise, or let him listen to the lecture of any law professor, and every
sentence will be likely to bristle with rights and duties, powers, privileges,
liabilities, and immunities. He will gradually realize also that these terms are frequently used loosely, each term often being used to express several distinct concepts, and he will find that our dictionaries merely record this wide and variable usage and aid little toward the clear expression essential to exact reasoning.

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