Duncan Sheehan, ‘Express Trusts, Private Law Theory, and Legal Concepts’

This paper explores Peter Jaffey’s views on the trust and fusion and some aspects of his wider private law theory which impact on his view on trusts law. It shows that, although he is correct that the trust involves both proprietary and personal rights, in the end his theory is ahistorical and unDworkinian, despite his acceptance of a view of law based on Dworkin. His theory is also based on implausible views of the role of equity post-Judicature Acts and the ownership of value and does not adequately fit how trusts law works.

Duncan Sheehan, Express Trusts, Private Law Theory, and Legal Concepts, Canadian Journal of Law and Jurisprudence, https://doi.org/10.1017/cjlj.2022.11. Published online by Cambridge University Press 16 May.

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