‘Two Suggestions for Conceptual Property Theory’

“In contemporary legal and philosophical theory, three perspectives loom large. For a century and more, conventional wisdom held that the best way to conceive of property is as a bundle of rights. In the nineties and the ‘oughts’, bundle views were questioned by scholars arguing that exclusion is crucial to property. These exclusion views have been developed on conceptual grounds, by James Harris and James Penner, and on economic grounds, by Thomas Merrill and Henry Smith. More recently, scholars who subscribe to Progressive property views have entered the fray as well …” (more)

[Eric Claeys, New Private Law, 10 October]

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