The Honoré-Waldron Thesis: A Comparison of the Blend of Ideal-Typic Categories of Property in American, Chinese and Australian Land Law

35 Pages Posted: 4 Oct 2016 Last revised: 20 Dec 2016

See all articles by Paul T. Babie

Paul T. Babie

Adelaide Law School, The University of Adelaide

John V. Orth

University of North Carolina School of Law

Charlie Weng

University of New South Wales (UNSW) - Faculty of Law

Date Written: October 3, 2016

Abstract

Using a theoretical perspective drawing upon established scholarship, this article develops a framework for comparing the blend of private, state/public, and common property in divergent jurisdictions. The article tests the framework it develops through an analysis of the real property law of China, the United States, and Australia. China is selected not only for its relevance on the world stage and in order to provide an understanding of that legal system for a broader audience, but also because it demonstrates the role of private property in a civilian system of law, one otherwise thought to be communist-socialist. The United States and Australia both serve as common law examples of systems in which it might be thought that private property predominates, but in which state and public property mix in significantly different ways. The article concludes that whatever one might think about the political-economic makeup of their broader societal contexts, the legal systems of China, the United States and Australia each exhibit a blend of the ideal-typic forms of property.

Keywords: Property theory, Property law, Australian real property law, United States real property law, Chinese real property law, Australia, United States, China

JEL Classification: K10, K11, K30, K33

Suggested Citation

Babie, Paul T. and Orth, John V. and Weng, Charlie, The Honoré-Waldron Thesis: A Comparison of the Blend of Ideal-Typic Categories of Property in American, Chinese and Australian Land Law (October 3, 2016). Tulane Law Review, Vol. 91, 2016-2017; U. of Adelaide Law Research Paper No. 2016-39; UNC Legal Studies Research Paper No. 2847484. Available at SSRN: https://ssrn.com/abstract=2847484

Paul T. Babie (Contact Author)

Adelaide Law School, The University of Adelaide ( email )

Ligertwood Building
Adelaide, South Australia 5005
Australia
+61 8 8313 5521 (Phone)
+61 8 8313 4344 (Fax)

HOME PAGE: http://https://researchers.adelaide.edu.au/profile/paul.babie

John V. Orth

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

Charlie Weng

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia
+61293859547 (Phone)

HOME PAGE: http://www.law.unsw.edu.au/profile/charlie-xiao-chuan-weng

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