Jane Baron, ‘Rescuing the Bundle-of-Rights Metaphor in Property Law’

Abstract:
… this Article argues that the bundle-of-rights conceptualization remains useful both descriptively and normatively. First, the bundle-of-rights conceptualization produces more precise specification of the legal relations of parties in both simple and complex property arrangements. Second, it clarifies the normative choices that underlie decisions about property. Third, it focuses attention on the quality of the relationships that property constructs. Finally, bundle-of-rights analysis generally forces information forward. Because the information produced by the granular analysis of property bundles is useful, the bundle-of-rights metaphor should not be displaced or abandoned. Indeed, the complexity of contemporary property issues — and in particular their growing connection to the alternative legal fields of privacy and intellectual property — makes the bundle-of-rights conceptualization all the more fruitful.

Jane B Baron, ‘Rescuing the Bundle-of-Rights Metaphor in Property Law’, 82 University of Cincinnati Law Review (2014)

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