… This essay’s argument is subtle and could be easily misconstrued. It is not proposing a Grand Theory of Property, nor is it taking a position on whether such a theory should be pursued. It neither seeks to resolve any of the many important conceptual and normative debates about property law nor to appear to resolve them. Rather, it presents the value of an anchoring framework that can be superimposed upon property law doctrine as it is currently structured to facilitate students’ learning in the context of profound pluralism and uncertainty in the field. It offers the structure based upon (primarily) descriptive claims regarding what questions courts regularly address in the common law tradition of property. It does not endorse these questions as normatively appropriate or complete. It merely contends that students will be better able to explore the radical pluralism of property law if they have a stable framework from which to start … (more)
Tim Iglesias, ‘A Novel Tool for Teaching Property: Starting With The Questions’, 20 Chapman Law Review 321 (2017).