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2 results

  • The Liberal Case for Community Land Trusts

  • Marc Goëtzmann
  • Journal:
    Canadian Journal of Law & Jurisprudence , First View
    Published online by Cambridge University Press:
    28 October 2024, pp. 1-30
    • Article
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  • This paper argues that community land trusts (CLTs) can be part of a liberal housing policy from both an economic and a legal point of view. In this, I depart from the defense of community land trusts based on the so-called ‘decommodification’ of housing. First, from an economic point of view, CLTs are a comparatively better option than other traditional policies, such as rent control, once the political complexity of housing policies is considered. Second, fostering autonomy and the capacity for self-authorship requires that individuals be able to choose from a diverse set of valuable institutional designs; CLTs correspond to that ideal and bring a unique nuance to the existing options within common-interest communities. Additionally, I look at the somewhat recent legal innovations that brought CLTs to Canada and continental Europe to show that the institutional flexibility of CLTs allows them to support different visions of self-realization through ownership.

  • 6 - Making Property Law

  • Hanoch Dagan
  • Book:
    A Liberal Theory of Property
    Published online:
    04 March 2021
    Print publication:
    15 April 2021, pp 148-178

  • Summary

    Making property law means more than identifying a legitimate and substantively appealing conception of property. It also requires answering three further (and somewhat related) questions. First, what are the appropriate institution(s) for creating, interpreting, and developing property law (the institutional question)? Second, to what extent can a legal system that embraces the liberal conception of property also comply with the rule of law? Third, what are the limits (if any) of the authority of property law’s architects?