The Dynamic Analytics of Property Law

Theoretical Inquiries in Law, Vol. 2, No. 1, January 2001

10 Pages Posted: 26 Jul 2005  

Michael Heller

Columbia University - Columbia Law School

Abstract

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.

Keywords: Property, analytics, legal theory, private, commons, public, state

JEL Classification: K11

Suggested Citation

Heller, Michael, The Dynamic Analytics of Property Law. Theoretical Inquiries in Law, Vol. 2, No. 1, January 2001. Available at SSRN: https://ssrn.com/abstract=760472

Michael Heller (Contact Author)

Columbia University - Columbia Law School ( email )

435 West 116th Street
New York, NY 10025
United States

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