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The Dynamic Analytics of Property Law
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Michael A. Heller
Published/Copyright:
July 16, 2001
The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership. This essay suggests two approaches - creating new ideal types and synthesizing existing ones - that may help update our static property metaphors. Using these dynamic approaches to property analytics, legal theory can move beyond polarizing oppositions that have made jurisprudential debates unsolvable and rendered concrete problems invisible.
Published Online: 2001-7-16
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
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- The Emergence of Dynamic Contract Law
- The Dynamic Analytics of Property Law
- Contemporary Property Law Scholarship: A Comment
- Correlativity, Personality, and the Emerging Consensus on Corrective Justice
- Questioning the Idea of Correlativity in Weinrib's Theory of Corrective Justice
- Feminist Approaches to Tort Law
- Feminist Approaches to Tort Law Revisited - A Reply to Professor Schwartz
- Encountering the Scarlet Woman of Wall Street: Speculative Comments at the End of the Century
- Criminal Theory in the Twentieth Century
- Criminal Law Scholarship: Three Illusions
- The Challenge of Globalization to American Public Law Scholarship
- Globalization, Human Rights, and American Public Law Scholarship - A Comment on Robert Post
- Harm and Fault in Discrimination Law: The Transition from Intentional to Adverse Effect Discrimination
