Restatements Relating to Property: Why Lawyers Don't Really Care

41 Pages Posted: 28 Jul 2008

See all articles by David A. Thomas

David A. Thomas

Brigham Young University - J. Reuben Clark Law School

Date Written: July, 28 2008

Abstract

This Article examines the genesis and evolution of the Restatements of Property. The author argues that, while the Restatement (First) of Property took as its original purpose to restate the law, in the course of its creation it was turned to reform. Subsequent Restatements of Property are dedicated almost wholly to reform. The author concludes that this shift in objectives has sparked criticism and rendered these works of less value and interest to the legislatures, bench and the bar, which have largely ignored the property Restatements.

Keywords: Restatement (First) of Property, Restatement (Second) of Property, uniform laws, model acts, American Law Institute, legal history, legal reform, property law

Suggested Citation

Thomas, David A., Restatements Relating to Property: Why Lawyers Don't Really Care (July, 28 2008). Real Property, Probate and Trust Journal, Vol. 38, pp. 655-695, Winter 2004, Available at SSRN: https://ssrn.com/abstract=1184059

David A. Thomas (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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