The Renewal of the old: Lionel Murphy's Progressive-Relational Conception of Property.

Abstract

As we approach Justice Lionel Murphy’s 100th birthday on 30 August
2022, this article explores and renews a significant aspect in the
jurisprudence of this truly radical judge: the social relations or
progressive view of property. Justice Murphy both identified and
judicially expounded this view well before the American social
relations or progressive schools. And rather than merely identifying
it as some intellectual museum piece, the article also builds on it. The
article contains five parts. Part I contextualises the jurisprudential
debates surrounding property. Part II recounts Justice Murphy’s
judicial radicalism. Part III explores the elements of Murphy’s
progressive-relational view of property. Part IV applies the elements
of Murphy’s progressive-relational property to the High Court’s
recent native title decision in Northern Territory v Griffiths
(Ngaliwurru and Nungali Peoples). Part V offers some concluding
reflections on the bright future for property found in Murphy’s
conception.

Keywords: Justice Lionel Murphy, Property Law

JEL Classification: K11