Private Law Theory

ABSTRACT
The chapter demonstrates how ‘deliberative property’ offers a pathway for mediating between the complexity-management concerns of two competing schools of thought in property theory, loosely termed ‘progressive’ and ‘information’ perspectives. Deliberative property does so by facilitating information-intensive contextualisation of property disputes and direct stakeholder engagement, while at the same time containing the broader systemic impacts of such engagement. Deliberative property also provides additional points within property systems wherein public concerns about the use and distribution of property can be reflected in the legal ordering of private relations.

Walsh, Rachael, Deliberative Property – Managing Complexity in Property Systems (April 19, 2024). Forthcoming, P Miller and J Oberdiek, Oxford Studies in Private Law Theory Vol III (Oxford: OUP, 2024).