Some of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John
V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.
|Publisher:||Taylor & Francis|
|Series:||Law, Property and Society Series|
|Product dimensions:||6.40(w) x 9.30(h) x 0.70(d)|
Table of Contents
Contents: Preface; Introduction; Part 1 Getting Down to Cases: Finding: asking the wrong question; The rule in Shelley's Case: staying too long; Joint tenancy: accounting for continuity; Tenancy by the entirety: adapting to change; Leases: misled by a simile; The burden of an easement: playing a word game; Covenants of habitability: doing the right thing; Escheat: picking up the pieces. Part 2 Driving Forces: Intention: the law of unintended consequences; Competition: the race to the bottom; Fiction: pious fraud; Labels: argumentative jargon; Second thoughts: full enlightenment?; Afterword; Table of cases; Table of constitutions and statutes; Index.