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1 results

  • 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?