Katy Barnett, ‘Nine-Tenths of the Law?’

Review of An Expressive Theory of Possession (Michael JR Crawford, Hart Publishing, 2020, ISBN 978-1-50992-992-4). The doctrine of possession is a critical concept in understanding ownership and the right to title, but it remains under-theorised by property lawyers, and hence some have suggested the concept is so hopelessly vague that it should be abandoned altogether. Crawford’s book is an illuminating and elegant exception to this rule: he attempts to unpack what he calls ‘the possession puzzle’. His definition of possession is simply ‘those relations between people and tangible things which, as a matter of social fact, constitute accepted ways of claiming some form of entitlement to them’. This work will be of interest to property law teachers and scholars, legal theorists specialising in property law, and even to non-legal readers who wish to learn more about the concept of ownership and possession … (more)

Katy Barnett, ‘Nine-Tenths of the Law?’, University of New South Wales Law Journal Forum [2021] no 7 (November).

(Visited 61 times, 1 visits today)

Leave a Reply