“The central claim of Hanoch Dagan’s A Liberal Theory of Property is that property law mostly does and should provide alternative property ‘types’ (xii, 6-7) in each ‘sphere’ of property relations (91-96, 104), and that these ‘types’ are ‘partial functional substitutes’ for each other (6-7). Dagan calls this ‘property’s structural pluralism’. So, for example, in the sphere of residential property, types such as freehold estates, residential tenancies, condominiums, co-ops, and common interest communities count as partial functional substitutes. In providing a range of types, property law serves the self-determination of individuals, providing them with meaningful choices amongst legal relationships and thereby allowing them better to realise their life-plans than would be the case if a one-size-fits-all approach were taken by the law …”
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James Penner, Property and Self-Determination, Canadian Journal of Law and Jurisprudence, volume 35, issue 2, August 2022, pp 537-558, https://doi.org/10.1017/cjlj.2022.13. Published online by Cambridge University Press 5 July.
First posted 2022-07-05 11:00:38
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