Private Law Theory

ABSTRACT
This chapter, written for the Research Handbook on Property Law and Theory, offers a very concise restatement of the three pillars of a genuinely liberal, viz, an autonomy-based, theory of property (carefully delineated private authority, structural pluralism, and relational justice). It also consolidates my responses to the many astute reviewers of A Liberal Theory of Property, in which this theory was presented. Finally, it demonstrates the interpretive credentials and reformist promise of liberal property theory by focusing on one particular – and particularly interesting and important – property type: the express trust.

Dagan, Hanoch, Liberal Property Theory (October 27, 2022). Forthcoming in: Research Handbook on Property Law and Theory (Chris Bevan ed, 2023).