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4 - Property’s Structural Pluralism

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

Imagine a proposal for legal reform aiming to simplify and clarify property law, which recommends the adoption of two simple rules. The first rule prescribes that owners have an in rem right to exclude. The second empowers owners (if more than one) contractually to set up their own governance regime. This bill would obviously be radically incomplete, but is that all that is wrong with it? We could think of convenient additions, but is there anything fundamentally necessary still missing for this bill to constitute at least the core of a property regime in a liberal polity?

Keywords

structural pluralismproperty governancecommonsutopiaBlackstonian ownershipintra-sphere multiplicitypartial functional substitutesnumerus clausus
Type
Chapter
Information
A Liberal Theory of Property , pp. 79 - 113
Publisher: Cambridge University Press
Print publication year: 2021

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