Document Type

Article

Publication Date

2001

DOI

https://doi.org/10.2202/1565-3404.1017

Abstract

The standard property trilogy of private, commons, and state has become so outdated that it now impedes imagination and innovation at the frontiers of ownership.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.

Disciplines

Intellectual Property Law | Law | Public Law and Legal Theory

Comments

The final publication is available at www.degruyter.com.

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