Private Law Theory

The theme of this year’s conference is: ‘Property and Protection’. Property rights understood as exclusionary rights operate in a distinct way. They allocate resources to individuals who enjoy extensive protection of their use interests. Is this mode of protection justified by the interests it is supposed to serve (eg, autonomy, efficient resource allocation, fostering innovation)? Or do the effects of property rights (eg, limited access to resources, environmental harm, unequal distribution of resources) undermine their legitimacy? To answer such normative questions, more detailed analyses of property law’s rules and roles are necessary … (more)