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  • Print publication year: 2021
  • Online publication date: March 2021

6 - Making Property Law

Summary

Making property law means more than identifying a legitimate and substantively appealing conception of property. It also requires answering three further (and somewhat related) questions. First, what are the appropriate institution(s) for creating, interpreting, and developing property law (the institutional question)? Second, to what extent can a legal system that embraces the liberal conception of property also comply with the rule of law? Third, what are the limits (if any) of the authority of property law’s architects?