Bridging the Gaps in Property Theory
77 Modern Law Review 1009 (2014)
Posted: 16 Jul 2016
Date Written: July 15, 2016
The introduction to Penner's & Smith's edited collection, Philosophical Foundations of Property Law (OUP 2013), sets the ambitious goal of identifying what needs explaining in the ‘broad space that lies between’ the philosophy of property and scholarship about particular legal doctrines. For anyone interested in property theory, or who wants better to understand property doctrines and institutions, this book repays a careful read. Close examination exposes to view not one broad space in the property literature but several. Indeed, perhaps the book’s most significant achievement is to reveal how bifurcated property scholarship is today, along not one but several fissures. The essays in this book sharpen one’s focus on these gaps and suggest ways to bridge them in future scholarship.
Keywords: property, property rights, property theory, jurisprudence
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