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6 - Making Property Law

Published online by Cambridge University Press:  04 March 2021

Hanoch Dagan
Hanoch Dagan
Affiliation:
Tel Aviv University Faculty of Law
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Summary

Making property law means more than identifying a legitimate and substantively appealing conception of property. It also requires answering three further (and somewhat related) questions. First, what are the appropriate institution(s) for creating, interpreting, and developing property law (the institutional question)? Second, to what extent can a legal system that embraces the liberal conception of property also comply with the rule of law? Third, what are the limits (if any) of the authority of property law’s architects?

Keywords

judicial activismdemocratic legitimacyaccountabilitycommon lawrule of lawcommon-interest communitiesrules and standardsracially restrictive covenantshuman right to propertyglobal land rush
Type
Chapter
Information
A Liberal Theory of Property , pp. 148 - 178
Publisher: Cambridge University Press
Print publication year: 2021

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  • Making Property Law
  • Hanoch Dagan
  • Book: A Liberal Theory of Property
  • Online publication: 04 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108290340.007
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  • Making Property Law
  • Hanoch Dagan
  • Book: A Liberal Theory of Property
  • Online publication: 04 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108290340.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Making Property Law
  • Hanoch Dagan
  • Book: A Liberal Theory of Property
  • Online publication: 04 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108290340.007
Available formats
×