The Plymouth Law and Criminal Justice Review
Document Type
Article
Abstract
The framework of private property theory has come under increasing scrutiny over recent years. The orthodox bundle theory of ownership and labour principle of first acquisition has been the subject of attack and scepticism. This discussion suggests a new approach to the analysis of property, focus on synthesis rather than contrast. Further, the classic differences between Roman Law and Anglo-American common law, it is argued here, are in fact more apparent than real – their similarities reveal the basis for a universal grammar in property discourse. An examination of the contemporary property theories identifies that it is time to shift focus to a unifying concept and synthesis of canonical concepts.
Publication Date
2016-01-01
Publication Title
The Plymouth Law & Criminal Justice Review
Volume
8
Issue
1
First Page
131
Last Page
155
ISSN
2054-149X
Deposit Date
April 2011
Embargo Period
2024-11-04
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Recommended Citation
Ward, Jonathan T.
(2016)
"Acquiring the Right to Get to the Light at the End of the Tunnel: Rationalising Property Theory,"
The Plymouth Law and Criminal Justice Review: Vol. 8, Article 1.
Available at:
https://pearl.plymouth.ac.uk/plcjr/vol8/iss1/1
