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Landmark Cases in Property Law

Landmark Cases in Property Law

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509916023
  • Published In: August 2017
  • Format: Paperback , 326 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    This book explores the development of basic principles of property law in leading cases. Each paper considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence - how are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the papers identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each paper and they are collected and critically explored in the editors' introduction. This makes for a coherent and provocative collection.

  • Simon Douglas is a Fellow and Tutor in Law at Jesus College, Oxford University.
    Robin Hickey is a Senior Lecturer in Law at Queen's University Belfast.
    Emma Waring is a Lecturer in Law at York Law School, The University of York.

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