Analyzing law is best done through actor positions, not their reflections.
Evidence
But much the most serious difficulty with the use of the non-actor’s positions as instruments of analysis lies in the danger of forgetting that that is all they are. To be sure of keeping your mental eye on the ball instead of one step away from the ball, it is not only simpler but better to think mainly in terms of primary duties, liberties, and powers, and occasionally of primary disabilities. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2618
Categorization
- XREF: connects to: Hohfeld’s second quartet of positions are mere reflections of another’s position. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2604